5 or timeliness of work product provided by the Consultant/Contractor pursuant to the Consultant Agreement. The Participating Agency agrees to indemnify MWDOC, its directors, officers, employees and agents against, and will hold and save them harmless from, any and all actions, claims, penalties, obligations or liabilities, in law or in equity, of every kind or nature whatsoever, that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in any manner directly or indirectly connected with the Consultant Agreement or E Source Services provided for the benefit of the Participating Agency. Participating Agency agrees and acknowledges that MWDOC is not responsible for the maintenance and quality of any of Participating Agency’s facilities, and Participating Agency is responsible for any costs, expenses, liability, loss, damage, or injury of any kind, in law or equity, to property or persons, including wrongful death, arising from such.
13. Insurance. MWDOC shall obtain prior to commencing work and maintain in force and effect throughout the term of this Agreement, all insurance set forth below. MWDOC insurance is provided through the Association of California Water Agencies Joint Powers Insurance Authority and such other insurers as MWDOC may determine from time to time.
13.1. Workers’ Compensation Insurance. MWDOC will maintain workers’ compensation insurance for its employees, covering all work covered by this Agreement, in accordance with applicable law. Upon request, MWDOC will provide an ACORD certificate of insurance or other certificate of insurance satisfactory to the Participating Agency, evidencing such coverage.
13.2. Liability and Other Insurance. MWDOC will maintain during the term of this Agreement general liability coverage of not less than $1,000,000 per occurrence for bodily injury, personal injury and property damage; automobile liability (owned, scheduled, non-owned or hired) of at least $1,000,000 for bodily injury and property damage each accident limit; workers’ compensation (statutory limits) and employer’s liability ($1,000,000) (if applicable); requiring 30 days (10 days for non-payment of premium) notice of cancellation to Participating Agency.
13.3. Contractor Insurance Coverage. If MWDOC employs Contractors to provide services covered by this Agreement, MWDOC shall require that each Contractor meet MWDOC’s minimum insurance requirements. Contractor will provide a certificate of insurance to MWDOC, which will be required to name MWDOC and Participating Agencies as additional insureds to any Consultant or Contractor’s liability coverage.
13.4. Expiration of Coverage. If any of the required coverages expire during the term of the Agreement, MWDOC and its Contractors, as applicable, shall provide updated renewal certificate(s), including the general liability additional insured endorsement, at least ten (10) days prior to the expiration date.
14.Independent Contractor. MWDOC shall act as an independent contractor in the performance of the WLC Services provided for in this Agreement and shall furnish such WLC Services in MWDOC’s own manner and method, and in no respect shall MWDOC or any of its agents be considered an agent or employee of Participating Agency. No provisions of this Agreement shall be intended to create a partnership or joint venture between MWDOC or any of its agents and Participating Agency, and neither Party shall
6 have the power to bind or obligate the other Party, except as expressly set forth in this Agreement.
15.Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following addresses, or at such other address as the respective parties may provide in writing for this purpose. Such notice shall be deemed made when personally delivered or sent via commercial overnight courier and shall be effective upon receipt. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
MWDOC:
Harvey De La Torre, General Manager
Municipal Water District of Orange County
18700 Ward St.
P.O. Box 20895
Fountain Valley, CA 92728
Participating Agency:
Rick Miller, City Clerk Administrator
City of Fountain Valley
10200 Slater Ave.
Fountain Valley, CA 92708
16. Jurisdiction and Venue. In all matters concerning the validity, interpretation, performance, or effect of this Agreement, the laws of the State of California shall govern and be applicable. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California, and that venue of any action brought hereunder shall be in Orange County, California.
17.Counterparts and Facsimile. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. All parties have participated in the drafting of this Agreement.
18.Severability. If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, the legality, validity, and enforceability of the remaining provisions shall not be affected thereby.
19.Entire Agreement. This Agreement contains the entire agreement of the Parties relating to the subject matter hereof, and the Parties have made no agreements, representations, or warranties, either written or oral, relating to the subject matter hereof that are not set forth herein. Except as provided herein, this Agreement may not be modified or altered without prior written approval from both parties.
20.Authority to Execute. Each Party represents and warrants to the other Party that all necessary action has been taken by such Party to authorize the undersigned to execute this Agreement and to bind it to the performance of its obligations hereunder.
21.Incorporation of Recitals. The Recitals and section titles set forth herein are incorporated herein and are an operative part of this Agreement.
7 IN WITNESS WHEREOF, the Parties have hereunto affixed their names as of the day and year thereinafter written, which shall be and is the effective date of this Agreement.
MWDOC: PARTICIPATING AGENCY:
Date
Harvey De La Torre
General Manager
Municipal Water District of Orange County
Approved as to Form:
Date
Name: Jim Cunneen
Title: Mayor
Agency: City of Fountain Valley
Approved as to Form:
Harper & Burns LLP, Attorneys for the City
Date
Name: Joseph Byrne, Esq.
Date 5/20/2026
Name: _Colin Burns____________
Approved as to Content:
______________________________
Date __________________________
Name: Scott Smith
Title: Director of Public Works
Agency: City of Fountain Valley
6/2/2026
8 ADDENDUM A
Water Loss Control Shared Services Election Form
Fiscal Year 2026-2027
FY26-27
Water Loss Control Shared Services
Agency:
Contact Person:
Contact E-mail:
Contact Phone:
Task 1: Water Audit Validation
Water audit validation will be conducted at Level 1 in accordance with the methodology established in the Water Research Foundation project 4369: Level 1 Water Audit Validation Guidance Manual.
Water audit validation aims to identify and appropriately correct for inaccuracies in water audit data and the application of methodology. Furthermore, validation also evaluates and communicates the uncertainty inherent in water audit data. To accomplish these goals, MWDOC’s validation Shared Service will follow the steps published in the Water Research Foundation Level 1 Water Audit Validation Guidance Manual. The process will include:
• Review the water audit and supporting documentation.
• Review performance indicators for evidence of inaccuracy. • Review audit inputs and data validity grades and confirm correct application of methodology in a Level 1 validation interview. Adjust inputs and data validity grades, if necessary.
• Review performance indicators again for evidence of persisting inaccuracy. • Document results.
MWDOC’s validation Shared Service will also employ the California-specific additional guidance developed by the California Water Loss Technical Assistance Program and subsequently taught in the Water Audit Validator (WAV) certificate course.
Validation results will be documented in a format acceptable to the Department of Water Resources. Templates for this format have been published by the California- Nevada section of the American Water Works Association on their WAV Certification webpage.
Deliverables include:
• Level 1 Validation Summary Notes
• Certified Validation Report (signed by validator)
Yes
No
$_________
Water Balance Validation is a Core service provided by MWDOC to its member agencies at no cost. MWDOC member agencies are
requested to check the box to the left indicating their choice to have MWDOC validate their annual water balance.
The Cities of Anaheim, Fullerton, and Santa Ana may access MWDOC’s Water Audit Validation service for a fee of $990 per validation.
City of Fountain Valley
Christine Smith, Senior Management Analyst
[email protected]
714-593-4603
X
$0.00
9 Task 2: Meter Accuracy Testing
Customer meter accuracy testing enables an agency to measure a retail meter’s performance and, consequently, the throughput that the meter fails to register. By measuring a meter’s inaccuracy, an agency can understand the financial loss it causes and develop a plan to manage meter performance within its system.
Customer meter tests will be conducted in accordance with the methodology set forth in American Water Works Association manual M6, Water Meters – Selection, Installation, Testing, and Maintenance. The stipulations in manual M6 include:
• Specific low, medium, and high flow rates for each meter type and size • Minimum test volume by flow rate and meter size
• Generally acceptable accuracy limits for new and repaired meters M6 also enumerates test procedures for laboratory tests and field tests that MWDOC staff and/or contractors will be required to follow.
Agencies can choose between two customer meter accuracy testing service providers: McCall’s Meters, Inc. or Westerly Meter Service Company. The Meter Accuracy Testing (MAT) Worksheet, Attachment 2 to this document, summarizes the fees for each meter accuracy testing service provider. Note that the fees are slightly different between providers. As a result, each service provider has its own MAT Worksheet. Agencies will need to:
• Select the meter accuracy testing company of their choice, • Identify the number and sizes of meters to be tested (green data entry cells), and • Estimate the number of meetings (McCall’s) or hours and mileage (Westerly) for meetings with the selected company.
This worksheet should be used to calculate the total cost for meter accuracy testing services for your agency. The cost estimate calculated in the MAT Worksheet should be entered into the shaded cell immediately below. E Source is available to assist agencies in quantifying the number and sizes of meters to be tested, and in interpreting the results, as part of Task 3: Component Analysis of Apparent Losses.
Small-meter (5/8 – 2 inch) testing will require agencies to remove the meters from the field and deliver them to the selected meter-testing company. Meter testing company locations are provided below. Large meters (3 inches and larger) will be tested in-situ.
McCall’s Meters, Inc. Westerly Meter Company
1498 Mesa View Street 1937 W. Eleventh St. Suite E
Hemet, CA 92543 Upland, CA 91786
(951) 654-3799 (951) 205-3725
Deliverables include:
• Meter accuracy testing results
• Warehousing of test results data
$
$_________
$________
MWDOC Administrative Fee Charged Per Meter Accuracy Test Invoice Processed, Not to Exceed Four Charges per Fiscal Year = $346
Input the total dollar amount calculated in the MAT Worksheet. Task 2 Total 346
21,900
22,246
10 Task 3a: Distribution System Leak Detection
Leak detection will be conducted using a comprehensive acoustic survey, meaning that leak detection technicians will sound all accessible appurtenances regardless of spacing distances. The following protocols will be adopted for leak detection:
• Sounding points: Physical contact and sonic leak sound amplification will occur for each hydrant, and customer service connection. Valves may be used as contact points, if necessary. • Sonic ground listening (hard cover): When normal contact points are not available or cannot be created within a reasonable distance, sonic ground listening devices will be used by making ground contact directly over the pipe at intervals no greater than six (6) feet when ground cover is pavement, concrete, or a similar hard surface. If excessive ambient noise precludes the effectiveness of the ground listening device in an area during daytime hours, then survey will be considered during nighttime hours. Such situations will be pre-approved with retail agency staff before any night surveying is undertaken.
• Sonic ground listening (soft cover): When normal ground contact points are not available and ground cover is not a hard surface, probe rods will be used at 10-foot intervals. A sound amplifier will be used on probe rods
• Verification: All indications of leaks found during initial survey will be verified a second time, after which the leak will be pinpointed with a computer-based leak sound correlator whenever possible. Pinpointing leak locations through interpretation of sound intensity, whether by ear, decibel metering, or comparable methods, will be used when contact points are available for access with a computer-based leak sound correlator.
MWDOC staff will perform distribution system leak detection at a cost of $350 per mile of distribution main surveyed for MWDOC member agencies and $374 per mile for non-member agencies. Metropolitan will contribute $170 per mile thereby reducing the cost to $180 per mile to member agencies. Deliverables include:
• Distribution System Leak Detection Plan
• Weekly progress reporting and leak verification
• Final Reporting
• Training for measuring leak rates in gallons per minute Please note that in order to be eligible to receive Metropolitan funding, participating agencies must provide leak repair results. All leaks must be investigated, repaired, or slated for repair, and their status reported to MWDOC within 60 days of the completion of the leak survey. If a MWDOC member agency does not report this information to MWDOC within 60 days, the member agency will have to pay the full cost of the survey at $350 per mile. MWDOC may also perform visual/acoustic verification of repairs as needed to satisfy Metropolitan funding requirements.
Participating agencies must elect a minimum of 50 miles or the full system, whichever is less. $_________ Task 3a total = miles X $180 for MWDOC Member Agencies Task 3a total = miles X $374 for the Cities of Anaheim, Fullerton, and Santa Ana
11 Task 3b: Suspected Leak Survey
MWDOC staff will perform a suspected leak survey at a cost of $683 per leak investigation. The methodology to detect suspected leaks will employ the same process described in Task 3a. Deliverables include:
• Suspected leak consultation
• Field leak investigation
• Written report and pinpointed leak location
Please note that pricing may vary if the suspected leak survey area extends beyond one city block. For assistance in determining suspected leak survey costs for your needs, please contact Rachel Davis at the number or e-mail address below.
Municipal Water District of Orange County Rachel Davis
Water Loss Control Programs Supervisor (714) 593-5308
[email protected]
Please see Attachment 1 for more details.
$ Task 3b Total = number of suspected leaks X $683
Task 4: Distribution System Pressure Survey
The methodology used for pressure surveying depends on the survey goal of: 1) Average zonal and system pressure survey, or 2) Pressure transient survey using high frequency logger. Methodology must be agreed upon with each agency before surveying begins. The methodology to be determined includes:
• Logger settings (e.g., sampling and recording frequencies) • Logger deployment locations
• Logger deployment durations
• Analysis of data after logger retrieval
1) Average Zonal and System Pressure Survey
Pressure loggers can be deployed to evaluate the pressure range in a system or zone, which can then be used to estimate the average system or zonal pressure. Loggers should be placed strategically to capture the highs and lows of each pressure zone in the system. The survey methodology must be tailored to the infrastructure being studied.
2) Pressure Transient Survey
A pressure transient survey identifies instantaneous, damaging pressure swings caused by infrastructure malfunctions, sudden and significant demand changes, or rapid hydrant operation. Pressure transients move quickly and can only be identified with a high sampling frequency. At a minimum, loggers should be deployed immediately upstream and downstream of pressure-regulating infrastructure suspected of transient production.
The resulting data analysis will include:
• Transient identification using a relative or absolute amplitude threshold o Absolute: transient amplitude
o Relative: ratio of transient amplitude to average location pressure • Temporal transient alignment to study the direction and speed of transient propagation MWDOC staff will perform a distribution system pressure survey at a cost of $4,157 per 8-logger survey. $ Task 4 Total = number of 8 logger surveys X $4,157.
12 Fiscal Year 26-27
Year 8
Summary of Shared Services Elections:
(transfer total for each Shared Service above to this summary table) Task 1: Water Audit Validation Yes
No
$ (3-Cities only)
Task 2: Meter Accuracy Testing
Total Elected Amount
Less Rollover Funds to be Applied
*Indicate task #(s) to move $ from
$
$
Task 3a: Distribution System Leak Detection
Total Elected Amount
Less Rollover Funds to be Applied
*Indicate task #(s) to move $ from
$
$
Task 3b: Suspected Leak Survey
Total Elected Amount
Less Rollover Funds to be Applied
*Indicate task #(s) to move $ from
$
$
Task 4: Distribution System Pressure Survey
Total Elected Amount
Less Rollover Funds to be Applied
*Indicate task #(s) to move $ from
$
$
Total Elected Amount: $22,246
Less Total Rollover Funds to be Applied: $ TBD end of FY25-26 Total Amount to be Invoiced: $ not to exceed $22,246
(continues on next page)
Check One;
Invoice Upon Receipt
Invoice July 1, 2026
X
22,246
TBD end of FY 25-26
Task # 2
X
13 By: By:
Date: Date:
Harvey De La Torre, General
Manager
Name: Jim Cunneen
Title: Mayor
Municipal Water District of Orange County Agency: City of Fountain Valley By:
Approved as to Form
Harper & Burns LLP, Attorneys for the City
Date:
Name:
Approved as to Content
By:
Date:
Name: Scott Smith
Title: Director of Public Works
5/20/2026
Colin Burns
6/2/2026
14 Attachment 1
Water Loss Control Shared Services
Suspected Leak Survey
Background:
MWDOC’s Suspected Leak Survey Shared Services has evolved into two distinct elections based on the varying needs of member agencies. The first election is a Known Area Suspected Leak Survey of an isolated geographic area and requires a simple and limited investigation. The “Known Area” leak survey is billed at a flat rate as defined in Task A below.
The second election is an Unknown Area Suspected Leak Survey of a broader geographic area and requires significantly more investigation and time to complete than a “Known Area” survey.
The “Unknown Area” leak survey is billed based on actual time spent planning, executing, and reporting the investigation.
MWDOC staff will evaluate each suspected leak investigation request and inform the requesting agency whether the investigation falls under Task A or Task B, as described below. Before initiating the “Unknown Area” leak survey, MWDOC staff will provide the requesting agency with an estimated, not-to-exceed cost for the investigation.
Task A: Known Area Suspected Leak Survey
MWDOC staff will perform a suspected-leak survey at a cost of $651 per investigation. The leak investigation area shall not exceed one standard city block. MWDOC will listen to all meters and hydrants within the survey area using appropriate acoustic equipment. Digital Correlating loggers will be placed on valves and other appurtenances as needed to perform leak correlations. These loggers are more sensitive than the human ear, accurately registering and locating leaks by tuning into the leak’s digital sound signature. Other techniques, such as visual inspection and chlorine residual testing, may be used if applicable.
Deliverables include:
• Suspected leak consultation
• Field leak investigation
• Written report documenting findings and leak location if found $ A Total = number of suspected leaks X $683
15 Task B: Unknown Area Suspected Leak Survey
MWDOC staff will perform a suspected leak survey at its cost, including time and materials. The leak investigation area may expand beyond a city block and may change during the course of the investigation. MWDOC will listen to meters and hydrants within the survey area using Acoustic Digital Water Leak Detectors. Correlating loggers will be placed on valves and other appurtenances as needed to perform leak correlations. These loggers are more sensitive than the human ear, accurately registering and locating leaks by tuning into the leak’s digital sound signature. Other techniques such as visual inspection and chlorine residual testing may be used if applicable.
Deliverables include:
• Suspected leak consultation
• Field leak investigation
• Written report documenting findings and leak location, if found Note that the value below is an estimated, not to exceed cost. Because the exact location of the leak is not known and may evolve during the survey, the estimated cost is also subject to change.
$ Task B Estimated Total based on Time and Materials = $
16 Attachment 2
Meter Accuracy Testing (MAT) Worksheet
McCall’s Meters, Inc.
McCall's Meters, Inc.
Meter Accuracy Testing Fee Worksheet
Participating Agency:
Contact Person: Phone
& Email:
Rate Quantity Total
Small Meter Testing
5/8 - 1 in. $45.00 $
1 1/2 in. and up $60 to $65 (1) $
3 in. Turbine $80.00 $
Large Meter Testing
3 in and up. $225 (2) $
Ratesfor Pickup or Delivery of Meters $125/hour
Ratesfor attending meetings $125/day $
Total: $
(1) Fixed rate of $60 for non-turbine meters and $65 for turbine meters. (2) Requires a minimum of 4 meters per day; If less than 4 tests, a portal-toportal fee of $125 will be charged.
17 Attachment 2
Meter Accuracy Testing (MAT) Worksheet
Westerly Meter Service Company
Rate Quantity Total
Small Meter Testing
5/8 - 1 in. $30.00 $900
1 1/2 in. and up $70.00 $
3 in. Turbine N/A $
Large Meter Testing
3 in and up. $200 $21,000
Ratesfor Pickup or Delivery of
Meters No Charge (1)
Ratesfor attending meetings $150/hr. + mileage $
Total: $21,900
(1) No charge for orders transport of over 50 meters. Transport of less than 50 is based on time and mileage 30 105
Participating Agency: __________________________
Contact Person: __________________________
Phone & Email: __________________________
Joseph Macias
City of Fountain Valley
714-593-4625 [email protected]
18 ADDENDUM B
January 1, 2026 through June 30, 2027
Water Loss Control Technical Assistance Tasks
TASKS
1 PROJECT ADMINISTRATION
Project administration:
Partner with E Source and the larger MWDOC group (Required) ● Communication
● Systems of data collection and management
● Travel expenses
● Invoicing
$2,200 Project administration
TASK 2 WATER AUDIT COMPILATION
Task 2: Water audit compilation:
Estimate apparent and real water
loss. Assess data availability and
quality
● Water audit data collection and review
● Raw billing data validation (study of completeness and consistency, pro‐rating to reduce lag‐time effects) ● Water audit compilation
● Water audit documentation in preparation for level 1 validation $11,240 Task 2: Water audit compilation
TASK 3 SOURCE OR PRODUCTION METER VOLUMETRIC ACCURACY TESTING Task 3: Source/Production meter volumetric accuracy testing:
Design and conduct a volumetric source meter accuracy test Establish a field‐validated water‐supplied baseline for the water audit Document test procedures for future meter accuracy investigation ● Site visit and test design
● Volumetric accuracy test with comparative meter or reservoir reference volume ● Data chain assessment (“loop audit” or SCADA calibration), if relevant ● Test results analysis and documentation
● Test procedure documentation
$9,270 Task 3: Volumetric production meter accuracy test, per meter.
TASK 4 BILLING DATA CHAIN ASSESSMENT
Task 4: Detailed custom billing data chain assessment:
Assess billing data for potential errors and/or inconsistencies ● Mapping of meter read collection and billing process
● Comparison of raw data across billing data management platforms (read collection system, billing data system, and reporting system)
● Identification of data transmission errors ‐ misreads, zero reads, dropped reads, duplicated reads, etc.
Varies Task 4: Billing data chain assessment.
19 TASK 5 COMPONENT ANALYSIS
Task 5a: Component analysis of real losses – Gap Analysis:
Assess repair data in preparation for a real loss component analysis. • Collection of leakage repair documentation
• Evaluation and summarization of repair data
• Identification of gaps in repair documentation
• Memo documenting recommendations for repair data improvements and documentation Task 5b: Component analysis of real losses:
Establish the distribution system’s unique leakage profile Determine cost‐effective leakage management strategies for the short‐, medium‐, and long‐term • Collection of leakage repair documentation
• Evaluation of repair process documentation
• Determination of unique leakage profile (background, unreported, and reported leakage) • Analysis of cost‐effective intervention against leakage • Leak management program design
Task 5c: Component analysis of apparent losses:
Assess customer meter inaccuracy
Value apparent losses
Design an apparent loss management strategy
5c-1: Small Meter Test Strategy & Sample - $7,680
• Facilitate discussions to understand agency goals for customer meter testing • Develop test strategy based on agency goals
5c-2: Small Meter Test Sample - $3,280
• Develop meter sample based on pre-defined test strategy (if test strategy has not been defined, consider signing up for Small Meter Test Strategy & Sample)
5c-3: Small Meter Test Data Analysis - $7,920
• Analyze small customer meter test data
• Note: Agency must complete small customer meter testing to execute this task. See shared services contract for customer meter testing options and costs if necessary. 5c-4: Large Meter Test Design - $3,960
• Develop large meter test design including testing schedule • Test design employs least cost of ownership model to prioritize large meters for testing 5c-5: Large Meter Test Data Analysis - $6,080 typical cost (discuss pricing with E Source. Pricing based on test data and billing data availability)
• Analyze large customer meter test data
• Note: Agency must complete large customer meter testing to execute this task. See shared services contract for customer meter testing options and costs if necessary. $5,560 Task 5a: Component analysis of real losses – Gap Analysis $16,180 Task 5b: Component analysis of real losses
$8,560
$3,660
$8,840
$4,420
Varies
Task 5c: Component analysis of apparent losses (meter testing budget through Shared Service Contract is also required if testing cannot be conducted in‐house) 5c-1: Small Meter Test Strategy & Sample
5c-2: Small Meter Test Sample
5c-3: Small Meter Test Data Analysis
5c-4: Large Meter Test Design
5c-5: Large Meter Test Data Analysis $6,780, typical (discuss pricing with E Source. Pricing based on test data and billing data availability)
20 TASK 6 SWRCB WATER LOSS STANDARD ASSISTANCE
Task 6a: Information Order Response Assistance:
Document response to Information Orders from the SWRCB related to compliance with the Water Loss Standard.
● Compilation of results and findings from related activities to date ● Memo documenting response to Information Order
Task 6b: Off‐Ramp Assistance:
Document compliance with Off‐Ramp criteria
● Collection of relevant data and supporting documents
● Document activities and/or data proving compliance with each Off‐Ramp criterion ● Compilation of Off‐Ramp request
Task 6c: Economic Model Custom Input Evaluation:
Calculate custom inputs and compile supporting documents for the SWRCB’s economic model. ● Request and compilation of relevant data (e.g. leak repair documentation, leak detection results, financial data, infrastructure data, etc.)
● Review of data collected to identify what custom inputs may be calculated ● Calculation of customized value for inputs where the minimum data threshold is met ● Compilation of supporting documents for input adjustment application ● Assistance with creating memo to the SWRCB, requesting custom input adjustment Task 6d: Questionnaire Response Assistance
Document responses to SWRCB required reporting (Data Quality, Pressure Management, Asset Management, and/or Leak Registry)
● Request and compilation of relevant data
● Review of data collected
● Calculation and/or narration of response to each question ● Review of responses with agency staff
● Assistance with submitting response to questionnaire
$ Varies,
Discuss
with E
Source
Task 6a: Information Order Response Assistance
$6,060 Task 6b: Off‐Ramp Assistance
$ Varies,
Discuss
with E
Source
Task 6c: Economic Model Custom Input Evaluation
$ Varies,
Discuss
with E
Source
Task 6d: Questionnaire Response
21 TASK 7 WATER LOSS TEAM DEVELOPMENT
Task 7a: Team Development Process Maps:
Establish a water loss team roster
Document processes related to water audit data collection ● Interviews with staff
● Identification of key water loss team members
● Document and map water loss data collection processes Task 7b: Educational Workshops:
In‐person educational workshop with agency staff to provide water loss background and connect day‐to‐day tasks with water loss calculation.
Workshops will offer an opportunity to elicit feedback from staff and prepare them for upcoming projects and data requests.
● Development of slides and materials for meeting
● Travel to agency
● Facilitation of educational workshop
$7,560 Task 7a: Team Development Process Maps
$5,680 Task 7b: Educational Workshops
TASK 8 LEAK SIMULATION MODEL
Task 8: Leak Simulation Model:
Quantify the impacts of leak detection technique accuracy on achievable overall system loss rates and projected workload
Evaluate the cost‐benefit of leakage control strategies under varying assumptions of fundamental leakage characteristics.
● Collection of leakage repair documentation
● Assessment of unique leakage profile
● Consider sub‐system level infrastructure characteristics and their impact on loss rates, including pipe‐ segment level data for likelihood and consequence of failure, if available. ● Provide an intuitive visualization of the water distribution system that shows how leakage control strategies are implemented and their resulting impact on individual leaks and system‐level leakage rates.
● Estimate future system‐wide loss rates under varying assumptions for leakage characteristics and loss recovery efforts that can be compared with state regulatory targets or other performance goals. ● Project the workload required to implement and maintain various leakage management strategies, including manual acoustic leak detection, automated acoustic noise loggers, satellite leak detection. $ Varies,
Discuss
with E
Source
Task 8: Leak Simulation Model
22 TASK 9 WATER LOSS PILOT PROGRAM MANAGEMENT AND EVALUATION Task 9: Water Loss Pilot Program Management and Evaluation:
Develop a pilot plan to assess the effectiveness of leakage management technologies/strategies ● Collection of previous water audits and repair data
● Development of pilot plan detailing the leakage management techniques to be piloted, scale of implementation, and level of effort required from participating agency staff ● Work with participating agency to vet and manage technology providers ● Tracking and collection of data during pilot implementation ● Recommend metrics to evaluate the success of the pilot program and identify data collection necessary to calculate metrics
● Report on the performance of each pilot technology and recommend next steps necessary for full system implementation
$ Varies,
Discuss
with E
Source
Task 9: Water Loss Pilot Program Management and Evaluation TASK 10 WATER LOSS STANDARD COMPLIANCE PLAN
Task 10: Water Loss Standard Compliance Plan:
Develop a Water Loss Compliance Plan to assist with meeting the Water Loss Standard ● Review the participating agency’s Water Loss Standard modeled by the SWRCB ● Evaluate data uncertainty and recommendations for data improvement ● If available, consider results of leak simulation model, real loss component analysis, and/or pilot results ● Develop a timeline, cost estimate, and key milestones associated with the Water Loss Compliance Plan, based on existing data sources
$ Varies,
Discuss
with E
Source
Task 10: Water Loss Standard Compliance Plan
TASK 11 MISCELLANEOUS WATER LOSS TECHNICAL ASSISTANCE
Task 11: Miscellaneous Water Loss Technical Assistance
For tasks not covered in Tasks 1-10, provide agency technical assistance for water loss analysis and/or compliance with State regulations.
● Assess level of support and associated costs through consultation with E Source ● E Source to provide cost proposal before proceeding
● Cost proposal shall be developed in accordance with hourly rates in Technical Assistance Program Contract
$ Varies,
Discuss
with E
Source
Task 11: Miscellaneous Water Loss Technical Assistance
Addendum B
January 1, 2026 through June 30, 2027
Water Loss Control Technical Assistance Tasks
Participating Agency: _________________
Cost Sheet for Selected Water Loss Control Services with E Source Tasks: (All tasks are performed by E Source) Task
Cost
Selected
Service
Met Funding
Request
(up to 50%
of task cost)
Task 1 – Project Administration and Progress Reporting (Required) $2,200 $2,200 Task 2 – Water Audit Compilation $11,240 $22,480
Task 3 – Source or Production Meter Volumetric Accuracy Testing $9,270 $ Task 4 – Custom Detailed Billing Data Chain Assessment Varies Task 5 – Component Analysis
Task 5a: Component Analysis of Real Losses – Gap Analysis Task 5b: Component Analysis of Real Losses
Task 5c: Component Analysis of Apparent Losses
$5,560
$16,180
Varies
$
$
$
Task 6 – SWRCB Water Loss Standard Assistance
Task 6a: Information Order Response Assistance
Task 6b: Off-Ramp Assistance
Task 6c: Economic Model Custom Input Evaluation
Task 6d: Questionnaire Response Assistance
Varies
$6,060
Varies
Varies
$
$
$
$
Task 7 – Water Loss Team Development
Task 7a: Team Development Process Maps
Task 7b: Educational Workshops
$7,560
$5,680
$
$
Task 8 – Leak Simulation Model Varies $
Task 9 – Water Loss Pilot Plan and Evaluation Varies $
Task 10 – Water Loss Compliance Plan Development
Task 10a: Water Loss Compliance Plan Development
Task 10b: Water Loss Compliance Plan Updated
Varies
$
$
Task 11 – Miscellaneous Water Loss Technical Assistance Varies $ Rollover Funds to be Applied: $15.00
New Amount to be Invoiced
(Task Totals Less Rollover Funds) Total: $36,395
This Cost Sheet may be updated upon mutual consent of the parties as indicated in writing.
By: By:
Date: Date:
Harvey De La Torre, General Manager Title: Jim Cunneen, Mayor Municipal Water District of Orange County Agency: City of Fountain Valley CY 2025 & CY 2026
$11,730 $11,730
FY 25-26 - $13,425
FY 26-27 - $22,970
City of Fountain Valley
Approved as to Form
Harper & Burns LLP, Attorneys for the City
Approved as to Content
Scott Smith, Director of Public Works Page 80
www.esource.com || 1-800-ESOURCE 1 © E Source
Advanced Billing Data Chain Assessment
April 2026
Motivation
The City of Fountain Valley delivers roughly 8,200-acre feet of potable water to approximately 57,000 people annually. Accurate and reliable metering, registering, recording, and ultimately billing their customers for this service is paramount to ensuring both customer satisfaction, as well consistent and reliable water audit reporting to the state.
The City of Fountain Valley recently converted their billing database of record from Tyler Encode to Tyler Munis. In the process the city lost access to previously configured water consumption reports that were relied upon for monthly and annual reporting to the state. During the changeover process, city staff worked together, and with the Tyler representatives, to recreate these consumption reporting functionalities.
To ensure that billing cutover to the new system, as well as the newly configured consumption queries, were completed without introducing errors, the City of Fountain Valley staff has engaged with E Source’s Water Loss Consulting group through the MWDOC Water Loss Control Technical Assistance Program to provide a detailed billing data chain assessment.
Through this detailed assessment, the City of Fountain Valley will ensure their billing system and consumption queries are robust and working as expected.
Scope
Through pre-scoping meetings E Source understands that the City of Fountain Valley is currently utilizing the Tyler Technologies Munis billing platform. The city made this switch in April 2025 from Tyler’s Encode billing platform. Given the new platform, the city is interested in investigating the integrity of the system for use in water consumption reporting.
In this task, E Source will examine the underlying database functionality focusing on the period surrounding the switch form the Encode database to the Munis database. Additional analysis will focus on the functionality and completeness of the newly created custom reporting functionality to ensure it is best serving the intended purposes.
Sub-tasks
• Database Documentation/Schema Review: E Source will review any available documentation describing the billing database structure, if available. Ideally documentation would include each table or view available in the database, a list of fields in each, and identifiers for key fields used in database joins. E Source will also aim to Attachment No. 2
Advanced Billing and AMI Data Chain Assessment
www.esource.com || 1-800-ESOURCE 2 © E Source
understand each of the ID fields in use, such as location, customer, and meter ID, and how they relate to one another.
• Detailed Data Analytics: This sub-task involves analyzing the utility’s billing data for discrepancies, outliers, and trends to identify potential anomalies or issues within the datasets. Statistical analysis and exploratory data analysis techniques will be employed to gain insights into the quality and integrity of the datasets. Additionally, this analysis will further verify summary consumption records by building queries directly from the underlying datasets that are housed in the billing database of record. These analyses will allow the city to be confident that the data, as well as the processes for producing summaries from the data, are reliable and accurate.
o This sub-task requires raw data exports from the utility’s database. Data that is commonly requested in support of this sub-task is outlined Appendix A. • Reporting: E Source will report on the results of all analyses completed including recommendations to modify data and/or data collection/review practices as needed.
Deliverables
• Data Analysis Report: A report describing the outcomes of the raw billing tables and custom query output(s), including consumption distributions, summary statistics, and potential anomalies (e.g. data duplications, discrepancies, gaps).
Pricing
The above-described scope is estimated at a total not-to-exceed price of $23,460.
Task
Kickoff/Interim/Close out Meetings $2,180
Data Request Support $840
Database Schema Review and Detailed Data Analytics $13,880 Final Reporting $6,560
Total $23,460
Advanced Billing and AMI Data Chain Assessment
www.esource.com || 1-800-ESOURCE 3 © E Source
Appendix A
E Source’s billing database analysis usually involves exporting raw, unedited versions of database tables in the following functional areas. By analyzing raw data, the level of effort for utility staff to develop a custom query is much reduced, and E Source can better confirm the expected function of the underlying database independent from other more complex queries.
This approach does involve some more upfront education so that E Source analysts learn about the underlying database structure to ensure accurate analysis. • Raw AMI Meter Reading Data: Stores the raw readings received from the AMI system.
Each record may include a unique ID, the ID of the meter (as a foreign key linking to the Meter & Register Inventory table), the timestamp of the reading, and the raw reading value. It is important to review and confirm that the consumption values pulled directly from the meters are transferred correctly and completely to the billing data base of record before any further integrity analyses are conducted. • Meter & Register Inventory: This table (or set of tables) contains a comprehensive list of all meters and registers within the water utility network. Information stored may include unique identifiers for each meter and register, the type/model, the installation date, the last maintenance or replacement date, the location (often as a foreign key linking to the Locations/Service Points table), and other relevant details. This data allows for efficient tracking, servicing, and replacement of meters and registers. • Meter Readings: This table (or set of tables) keeps track of all readings taken from each water meter. Each record in the table would likely include a unique reading ID, the ID of the meter and register (as a foreign key linking to the Meter & Register Inventory table), the date and time of the reading, the reading value, and potentially a field indicating whether the reading was performed manually or automatically. • Locations / Service Points: This table stores information about each unique service location in the utility's service area. Records in this table could include a unique location ID, the physical address, geolocation data, the customer associated with the location (as a foreign key linking to a customer table), the type of service (e.g., residential, commercial, industrial), the meter installed at the location, and other relevant details. • Adjustments & Estimates: This table is used to record any adjustments made to the billing or any estimates used in the absence of actual readings. Each record would likely include a unique ID, the related meter reading or customer (as a foreign key), the date and time of the adjustment or estimate, the reason for the adjustment or estimate, and the value of the adjustment or estimate. This table ensures accurate and transparent accounting of all changes made to standard meter readings, supporting fair and understandable billing practices.
Within each of these functional areas, E Source’s analysis often involves the fields/columns on the following page, although this can vary from client to client:
Advanced Billing and AMI Data Chain Assessment
www.esource.com || 1-800-ESOURCE 4 © E Source
Table 1: Billing Analysis Fields of Interest
Field Name Description
Location ID A unique identifier for a parcel or service connection in the water system, similar to an address.
Customer ID A unique identifier for a customer at a given location. Ideally the customer ID represents the customer that was served when the reading was collected.
Meter ID A unique identifier for a meter at a given location for each reading. Ideally the meter ID represents the meter that was installed when the reading was collected.
Register ID
A unique identifier for a meter's register, or other device that generates the digits of a meter reading. Ideally the register ID represents the physical register read on the indicated read date.
Meter Size The meter size.
Meter Make The meter's manufacturer.
Meter Model The meter's model.
Meter Installation Date The date the meter was installed.
Service or Account Type Identifying fields that indicate what type of service is provided (e.g. "residential").
Read Date The date on which the meter was read.
Previous Read Date The date on which the meter was last read.
Meter Totalizer Read The raw totalizer volume from the meter on the read date.
Previous Meter Totalizer Read The raw totalizer volume from the meter on the previous read date.
Units The units that the read volumes and volume used are recorded in.
Volume Used The actual volume the customer was billed for during the billing period.
Adjustment or Estimate Flags Any flags that indicate the type of adjustment or estimate applied to the reading.
Billing Flag An indication for if the reading was used to inform a bill. If the reading was not used it may be useful to know why it was omitted.
Read Type
The type of meter reading where applicable, for example meter set readings for new meters, or customer swap readings.
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 16, 2026
Members of the City Council
SUBJECT: Second Reading and Adoption of an Ordinance Repealing and Amending Municipal Code Provisions to Ensure Compliance with the California Fair Chance Act
THREE-YEAR STRATEGIC GOAL
☐ Cultivate a welcoming culture and safe environment that makes our community “A Nice Place to Live.”
☒ Ensure long-term fiscal stability by evaluating processes and attract and retain revenue producing businesses/opportunities.
☒ Attract and retain quality staff through best practices and trends. ☐ Maintain, build, plan for, and modernize infrastructure to support the growth and future needs of the City.
☐ Not applicable.
EXECUTIVE SUMMARY
At its meeting on June 2, 2026, the City Council introduced for first reading an Ordinance Repealing Fountain Valley Municipal Code Section 2.52.075 and 2.52.076 and amending Municipal Code Sections 2.52.060, 2.52.070 and 2.52.077 in order to comply with the Fair Chance Act, which governs how employers consider an applicant’s criminal history during the hiring process.
The Ordinance was approved during the first reading without amendment.
The Ordinance is now presented to the City Council for second reading and adoption.
RECOMMENDED ACTION
Staff recommends that the City Council adopt the attached Ordinance.
FINANCIAL REVIEW
There is no financial impact associated with approving the amended Ordinance.
City Council Request
Second Reading and Adoption of an Ordinance Repealing and Amending Municipal Code Provisions to Ensure Compliance with the California Fair Chance Act June 16, 2026
ENVIRONMENTAL IMPACT REVIEW
Not applicable.
ATTORNEY REVIEW:The Attorney for the City has reviewed and approved the Ordinance.
PUBLIC NOTIFICATION
This item was properly agendized under the Ralph M. Brown Act.
ALTERNATIVES
1. Adopt the attached Ordinance Repealing and Amending Municipal Code Provisions to Ensure Compliance with the California Fair Chance Act.
2. Do not adopt the attached Ordinance.
3. Continue the item for further consideration.
RECOMMENDED ACTION
Staff recommends that the City Council adopt the attached Ordinance Repealing and Amending Municipal Code Provisions to Ensure Compliance with the California Fair Chance Act
Prepared by: Tamaryn Roberts, Human Resources Manager
Reviewed by: Tania Knauerhaze, Human Resources Director Approved By: Maggie Le, City Manager
Attachment No 1: June 2, 2026 Staff Report
Attachment No 2: Ordinance Repealing and Amending Municipal Code Provisions to Ensure Compliance with the California Fair Chance Act
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 2, 2026
Members of the City Council
SUBJECT: Amendment and Repeal of Municipal Code Provisions to Ensure Compliance with the California Fair Chance Act
THREE-YEAR STRATEGIC GOAL
☐ Cultivate a welcoming culture and safe environment that makes our community “A Nice Place to Live.”
☐ Ensure long-term fiscal stability by evaluating processes and attract and retain revenue producing businesses/opportunities.
☒ Attract and retain quality staff through best practices and trends. ☐ Maintain, build, plan for, and modernize infrastructure to support the growth and future needs of the City.
☐ Not applicable
EXECUTIVE SUMMARY
The purpose of this item is to ensure that the City’s Municipal Code and hiring practices are in compliance with the California Fair Chance Act (Government Code section 12952; Cal. Code Regs. Tit. 2, § 11017.1), which governs how employers consider an applicant’s criminal history during the hiring process.
Staff recommends the repeal of Municipal Code Sections 2.52.075 and 2.52.076, which currently automatically disqualify job applicants from employment based on felony convictions and outline associated appeal procedures. These sections in the Municipal Code conflict with state law because the California Fair Chance Act prohibits inquiring into the criminal history of applicants before a conditional employment offer is made for covered positions and requires an individualized assessment rather than a blanket disqualification based solely on the existence of a felony conviction.
Additionally, staff recommends amending Municipal Code Sections 2.52.060 and
2.52.070 to ensure compliance with state law regarding the timing and use of criminal background checks during the hiring process. Municipal Code Section 2.52.077 governing qualifications of peace officer applicants will also be updated to remove the now-outdated reference to appeal rights.
Amendment and Repeal of Municipal Code Provisions to Ensure Compliance with the California Fair Chance Act
June 2, 2026
DISCUSSION
Municipal Code Section 2.52.075 currently states that applicants “shall be prima facie disqualified from employment, licensing, or certification if convicted of a felony”, including nolo contendere pleas. Section 2.52.076 provides a discretionary appeal process to the City Manager, who may consider mitigating factors but is not required to perform an individualized assessment.
These sections in the Municipal Code conflict with current state law because the California Fair Chance Act prohibits inquiring into the criminal history of applicants before a conditional employment offer is made for covered positions and requires an individualized assessment rather than a blanket disqualification based solely on the existence of a felony conviction
Furthermore, Municipal Code Section 2.52.077 provides that peace officer applicants shall be conclusively disqualified for a felony conviction and makes reference to general appeal rights given to applicants. However, the referenced appeal rights in 2.52.060 are proposed for repeal, making this reference outdated. The automatic disqualification of felons from peace officer roles is still permitted under state law, but removing the reference to “general appeal rights” is warranted to eliminate confusion.
Additionally, staff recommends amending Municipal Code Sections 2.52.060 and
2.52.070 to ensure compliance with state law concerning the timing and use of criminal background and fingerprinting checks during the hiring process and align the Code with the City’s current practices. Employers can still obtain criminal history information and submit applicants to fingerprinting identification, but only after an offer is made.
To bring the City’s policies into compliance with state law, the proposed actions include:
1. Repeal existing Municipal Code Sections 2.52.075 and 2.52.076 to eliminate the automatic disqualification of felony convictions and a non-compliant appeal process; and
2. Amend Municipal Code Sections 2.52.060, 2.52.070, and 2.52.077 to specify that access to criminal history and fingerprinting shall occur after a conditional offer of employment is made, unless otherwise required by state or federal law (e.g. Peace Officer positions), and ensure peace officers disqualification procedures are consistent with the California Fair Chance Act; and
FINANCIAL ANALYSIS
There is no fiscal impact anticipated as a result of the proposed changes.
ATTORNEY REVIEW
The City Attorney has reviewed and approved the proposed Ordinance repealing Municipal Code Sections 2.52.075 and 2.52.076 and amending Municipal Code Sections
Amendment and Repeal of Municipal Code Provisions to Ensure Compliance with the California Fair Chance Act
June 2, 2026
2.52.060, 2.52.070, and 2.52.077 to ensure compliance with the California Fair Chance Act (Government Code Section 12952; Cal. Code Regs. Tit. 2, § 11017.1.)
ALTERNATIVES
Alternative No.1: Ensure legal compliance with the California Fair Chance Act and proceed with staff’s recommendation to:
1. Repeal Municipal Code Sections 2.52.075 and 2.52.076.
2. Amend Municipal Code Sections 2.52.060, 2.52.070, and 2.52.077.
Alternative No. 2: Take no action, and do not:
1. Repeal Municipal Code Sections 2.52.075 and 2.52.076.
2. Amend new Municipal Code Sections 2.52.060, 2.52.070 and 2.52.077.
RECOMMENDATION
Staff recommends Alternative No. 1 and requests council take the following actions:
1. Repeal Municipal Code Sections 2.52.075 and 2.52.076.
2. Amend Municipal Code Sections 2.52.060, 2.52.070 and 2.52.077.
Prepared by: Vanessa Lassooy, Attorney for the City
Reviewed by: Tamaryn Roberts, Human Resources Manager
Reviewed by: Tania Knauerhaze, Human Resources Director
Approved by: Maggie Le, City Manager
Attachments:
1. Ordinance of the City Council of the City of Fountain Valley Repealing Fountain Valley Municipal Code Sections 2.52.075 and 2.52.076 and amending Municipal Code Sections 2.52.060, 2.52.070, and 2.52.077 Regarding Consideration of Criminal History in Employment Decisions.
ORDINANCE NO.
An Ordinance of the City Council of the City of Fountain Valley Repealing Fountain Valley Municipal Code Section 2.52.075 and 2.52.076 and Amending Municipal Code Sections 2.52.060, 2.52.070 and 2.52.077 to Ensure Compliance With the California Fair Chance Act.
WHEREAS, the California Fair Chance Act (Government Code Section 12952) prohibits employers from inquiring or considering an applicant’s criminal history prior to extending a conditional offer of employment; and
WHEREAS, the California Fair Chance Act further requires that any consideration of criminal conviction history be preceded by an individualized assessment of the applicant with an opportunity for the applicant to respond before a conditional offer of employment is rescinded; and
WHEREAS, Municipal Code Section 2.52.075 allows a prima facie disqualification of job applicants based solely the applicant’s criminal history, and Municipal Code Section
2.52.076 establishes an appeal process that is not in compliance with the requirements of the California Fair Chance Act; and
WHEREAS, Municipal Code Section 2.52.077 governs an applicant’s qualification for peace officer positions and includes a reference to “general appeal rights” for applicants, which will become outdated following the repeal of Municipal Code Section
2.52.076; and
WHEREAS, Municipal Code Sections 2.52.060 and 2.52.070 authorizes access to an applicant’s employment history and fingerprinting at stages during the hiring process that conflict with the California Fair Chance Act; and
WHEREAS, the City desires to revise its Municipal Code to ensure compliance with state law and to ensure the Code aligns with the City’s current practices.
NOW, THEREFORE, the City Council of the City of Fountain Valley does ordain as follows:
SECTION 1. Repeal of Fountain Valley Municipal Code Sections 2.52.075 and
2.52.076
Fountain Valley Municipal Code Sections 2.52.075 and 2.52.076 are hereby repealed in their entirety.
SECTION 2. Amendment of Fountain Valley Municipal Code Section 2.52.060 Municipal Code Section 2.52.060 is hereby amended to read as follows:
2.52.060 – State and Federal Summary Criminal History Access The City is authorized to access federal and state summary criminal history information for employment (including volunteers), licensing, or certification purposes, to the extent permitted by state and federal law, pursuant to the authority provided in Penal Code Sections 11105 and 13300, and may not disseminate said information to any private person or entity except as expressly permitted or required by law.
Except where state and federal law requires a criminal history background check or otherwise authorizes earlier access, the City shall obtain criminal history information only after a conditional offer of employment has been made.
SECTION 3. Amendment of Fountain Valley Municipal Code Section 2.52.070 Municipal Code Section 2.52.070 is hereby amended to read as follows:
2.52.070 – Fingerprinting/ investigation required
Appointees, applicants, and prospective employees for positions for which fingerprinting is required or authorized by law, shall submit to fingerprinting as directed by City. The Police or Human Resources department shall submit the fingerprinting identifying information to the Department of Justice and the Federal Bureau of Investigation.
Fingerprinting or similar identification shall only be initiated after a conditional offer of employment has been made, except where state or federal law requires or expressly authorizes the fingerprinting or similar identification to occur earlier.
SECTION 4. Amendment of Fountain Valley Municipal Code Section 2.52.077 Municipal Code Section 2.52.077 is hereby amended to read as follows:
2.52.077 – Peace Officers
Applicants for a position as a peace officer shall be conclusively disqualified for convictions of a felony.
SECTION 4. Severability
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 5. Effective Date
This Ordinance shall take effect thirty (30) days following its adoption.
SECTION 6. Certification
The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
INTRODUCED AND READ FOR THE FIRST TIME at a regular meeting of the City Council of Fountain Valley, held on the ___ day of _____, 2026.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Fountain Valley, on the ____ day of ______, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
________________________ _____________________
Rick Miller, City Clerk Jim Cunneen, Mayor
APPROVED AS TO FORM:
HARPER & BURNS LLP
________________________
Attorneys for the City
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 16, 2026
Members of the City Council
SUBJECT: Resolution Recognizing and Celebrating the United States of America 250th Anniversary
Three-Year Strategic Goals
☒ Cultivate a welcoming culture and safe environment that makes our community “A Nice Place to Live.”
☐ Ensure long-term fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities.
☐ Attract and retain quality staff through best practices and trends. ☐ Maintain, build, plan for, and modernize infrastructure to support the growth and future needs of the City.
☐ Not applicable.
EXECUTIVE SUMMARY
At a prior Meeting, the City Council directed staff to prepare and present a Resolution recognizing the profound historic significance of the 250th anniversary of the United States of America. Said Resolution is herewith presented for Council consideration.
DISCUSSION
The United States of America was founded on July 4, 1776, when the Declaration of Independence proclaimed the unalienable rights of life, liberty, and the pursuit of happiness.
The year 2026, therefore, marks the 250th anniversary (the Semiquincentennial) of the Nation's founding, a milestone of profound historical significance.
For two and a half centuries, the United States has served as a beacon of freedom, democracy, and opportunity, inspiring generations of Americans and people throughout the world.
The City of Fountain Valley recognizes the enduring contributions of the Nation’s founders, veterans, public servants, and residents who have dedicated themselves to preserving liberty, justice, and the rule of law. The 250th anniversary provides an important opportunity for reflection on the Nation’s history, including its founding ideals, its progress, and its continuing pursuit of a more perfect union.
America’s 250th Anniversary
June 16, 2026
In honor of the 250th anniversary, the City encourages residents, businesses, schools, and community organizations to participate in commemorative events and educational activities honoring America’s 250th anniversary, as celebrating this historic anniversary strengthens civic pride, fosters unity, and reaffirms the shared values that bind the community together.
FISCAL REVIEW
There is no fiscal impact related to this item.
PUBLIC NOTIFICATION
This matter was noticed pursuant to the Ralph M. Brown Act.
ENVIRONMENTAL IMPACT REVIEW
Not applicable.
ATTORNEY REVIEW
The Attorney(s) for the City prepared this staff report and Resolution.
ALTERNATIVES
Alternative No. 1:
Alternative No. 2:
RECOMMENDATION
Adopt a Resolution Recognizing and Celebrating the United States of America’s 250th Anniversary.
Do not adopt the Resolution.
Staff is requesting City Council approval of Alternative No. 1: Adopt a Resolution Recognizing and Celebrating the United States of America’s 250th Anniversary.
Prepared by: Colin Burns, Attorney for the City
Fiscal Review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments:
1. Resolution
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF FOUNTAIN VALLEY,
RECOGNIZING AND CELEBRATING THE
250TH ANNIVERSARY OF THE FOUNDING
OF THE UNITED STATES OF AMERICA
WHEREAS, the United States of America was founded on July 4, 1776, when the Declaration of Independence proclaimed the unalienable rights of life, liberty, and the pursuit of happiness; and
WHEREAS, the year 2026 marks the 250th anniversary (the Semiquincentennial) of the founding of the Nation, a milestone of profound historical significance; and WHEREAS, for two and a half centuries, the United States has served as a beacon of freedom, democracy, and opportunity, inspiring generations of Americans and people throughout the world; and
WHEREAS, the City of Fountain Valley recognizes the enduring contributions of the Nation’s founders, veterans, public servants, and residents who have dedicated themselves to preserving liberty, justice, and the rule of law; and WHEREAS, the Semiquincentennial provides an important opportunity for reflection on the Nation’s history, including its founding ideals, its progress, and its continuing pursuit of a more perfect union; and
WHEREAS, the City of Fountain Valley encourages residents, businesses, schools, and community organizations to participate in commemorative events and educational activities honoring America’s 250th anniversary; and WHEREAS, celebrating this historic anniversary strengthens civic pride, fosters unity, and reaffirms the shared values that bind the community together.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recognition.
The City Council hereby recognizes and celebrates the 250th anniversary of the United States of America and honors the ideals, sacrifices, and contributions that have shaped the Nation’s history.
Section 2. Community Engagement.
The City encourages all residents, civic groups, educational institutions, and local organizations to join in commemorating this historic milestone.
Section 3. Commitment to Founding Principles.
The City Council reaffirms its commitment to the foundational principles of democracy, equality, and liberty that define the Nation and guide local governance.
Section 4. Effective Date.
This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED, AND ADOPTED this 16th day of June, 2026.
ATTEST:
_______________________________ _______________________________ Jim Cunneen Rick Miller
Mayor City Clerk
Approved to Form:
_______________________________
Colin Burns
Attorney for the City
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 16, 2026
Members of the City Council
SUBJECT: Approve an Agreement with Athens Administrators for Third Party Claims Administration Services Regarding Excess Workers’ Compensation Claims Three-Year Strategic Goals
☐ Cultivate a welcoming culture and safe environment that makes our community “A Nice Place to Live.”
☐ Ensure long-term fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities.
☐ Attract and retain quality staff through best practices and trends. ☐ Maintain, build, plan for, and modernize infrastructure to support the growth and future needs of the City.
☒ Not applicable.
EXECUTIVE SUMMARY
On June 20, 2023, the City Council voted to approve the switch from Brown & Brown to the California Joint Powers Insurance Authority (CJPIA) as the City’s insurance carrier for Workers’ Compensation. The move to the CJPIA Workers’ Compensation Program includes Third Party Administrator Services with Athens Administrators for claims administration.
DISCUSSION
The City continues to use the services of Athens Administrators for workers’ compensation claims administration as part of its membership with the CJPIA. The agreement presented to Council is the Agreement between the City and Athens Administrators for continued workers’ compensation claims administration services beginning July 1, 2026, through June 30, 2029.
FISCAL REVIEW
Budget Includes Sufficient Funding
The current adopted budget includes sufficient funding for these services. The City Clerk’s office budgets yearly for workers’ compensation claims administration services. These services are billed monthly by Athens. The fee schedule is in Addendum A of the agreement.
We anticipate the yearly fees for claims administration to be approximately $60,000, but this will vary depending on the number, type, and severity of claims filed.
Subject
Date of Council Meeting
PUBLIC NOTIFICATION
Not applicable.
ENVIRONMENTAL IMPACT REVIEW
Not applicable.
ATTORNEY REVIEW
Attorney for the City has reviewed the item.
ALTERNATIVES
Alternative No. 1:
Alternative No. 2:
RECOMMENDATION
Approve the workers’ compensation claims administration agreement with Athens Administrators.
Do not approve the workers’ compensation claims administration agreement with Athens Administrators and direct staff on alternate action.
Staff recommends City Council approve Alternative No. 1, approve the agreement with Athens Administrators for continued workers’ compensation claims administration services.
Prepared by: Heather Campbell, Risk Manager
Reviewed by: Rick Miller, City Clerk/Risk Administrator Fiscal Review by: Ryan Smith, Finance Director
Attorney review by: Colin Burns, Attorney for the City
Approved by: Maggie Le, City Manager
Attachments:
1. Agreement with Athens Administrators
2026 Service Agreement
1 WORKERS' COMPENSATION SERVICE AGREEMENT
This Agreement is entered into by and between City of Fountain Valley ("Client") and Athens Administrators ("Administrator") this 1st day of July 2026.
RECITALS
WHEREAS Administrator provides claims administration services to California Clients subject to the California Workers' Compensation Laws; and is party to a Service Agreement between it and the California Joint Powers Insurance Authority (CJPIA), which agreement provides that CJPIA will pay Athens Administrators for certain claims handling fees on behalf of CJPIA Member Agencies as directed by CJPIA; and
WHEREAS Client self-insures its claims administration program for workers compensation risks and desires to have Athens Administrators provide the specific services set forth below in connection with such selfinsured program and have CJPIA pay the claims handling fees in connection therewith.
NOW THEREFORE, it is agreed:
This Agreement is between the Client and the Administrator to provide third party workers' compensation claim administration services for Client in the State of California, subject to the terms stated below:
I. TERM, TERMINATION & FEES
1.1 Term:
The term of this agreement shall consist of an initial three (3) years commencing on July 1, 2026.
Contract Period
July 1, 2026 – June 30, 2027
July 1, 2027 – June 30, 2028
July 1, 2028 – June 30, 2029
Fees:
When applicable, based on the retention level of the Client, Client will pay the Managed Care Fees listed in Addendum A.
1.2 Termination:
a. Either party may terminate this Agreement, with or without cause and without penalty, as defined below:
• Without cause – Written notification by either party with 120 days notification. • With cause – Written notification by either party, outlining the reasons for the termination of the agreement with 90 days’ notice.
2026 Service Agreement
2 b. Upon termination of this Agreement for any reason, a final accounting agreeable to both parties will be made of fees payable to Administrator and a final accounting of any funds belonging to Client then in the possession of Administrator, and any balance due either party will be promptly paid over to the party entitled thereto. c. All claim files, records, reports and other material pertaining to the employee claims subject to this Agreement shall be the property of Client and shall be made available promptly to Client upon termination of this Agreement.
d. Upon the effective date of any termination of this Agreement, all rights and obligations of the parties under this Agreement shall cease except with respect to rights and obligations, which have accrued or expressly survive termination.
II. ADMINISTRATOR DUTIES AND SERVICES
2.1 Administrator agrees to meet on a regular basis with Client to:
a. Develop procedures, forms, instructions, schedules and other materials related to claim management, including a procedure manual for Client's use, within thirty (30) days of the effective date of this Agreement and update such materials as needed. b. Provide claim reporting kits including, but not limited to, claim and accident report forms, required notices, and procedural instructions, for distribution by Client to Client's staff on or before the effective date of this Agreement, and as needed thereafter. c. Provide group education for Client's management personnel regarding claim management as requested.
d. Assist Client's personnel in the development of directives, notices, and other program communication to employees as requested or needed based on Administrators expertise and suggestion.
e. Provide all forms and supplies necessary for the efficient operation of the Workers’ Compensation insurance program, including customized benefit checks bearing Client's name and logo, and to prepare all legally required forms and documents including but not limited to, 1099 reports to the I.R.S. and any and all other documents and reports now or in the future required by the state or federal government or any other agency associated with Client's Workers' Compensation program.
f. Work with Authority’s Finance Department and bank to establish controls. g. Administrator agrees to attend two (2) in-person meetings per year. The Administrator’s attendees will be mutually agreed to by the Administrator and the Client.
2.2 Administrator agrees to administer all claims as follows:
2026 Service Agreement
3 a. Establish and maintain a claim file, with a diary date not to exceed thirty (30) days, on each active claim upon which indemnity benefits are being paid; A diary system not to exceed sixty (60) days on all other open, active Indemnity claims; and a supervisory review diary not to exceed one-hundred-twenty (120) days, or more often when needed. b. Manage timely receipt of all pertinent claim information from Client providers and other sources.
c. Determine, on behalf of Client for each reported employee injury or illness, those benefits, if any that should be paid or rendered under the California Workers' Compensation Laws. Such determination shall include an estimate of future claim payment. Retain outside services with prior approval of Client, for the investigation and management of the claims. Outside services include but are not limited to:
AOE/COE Investigators
Activities Check/Sub-rosa Investigator;
Medical Case Management and Rehabilitation Nurses/Consultants Subrogation Investigators and Experts
d. Exhibit in each Indemnity claim file good faith efforts to contact all injured workers by telephone within at least twenty-four hours of receipt of claim, and in no event any later than forty-eight hours of receipt of claim, excluding weekends and holidays. Establish phone contact with appropriate Client department for initial discussion of claims, as needed, within three (3) working days of receipt of claim.
e. Initiate investigations, subject to approval by Client, to determine compensability of reported and actual claim status. Client shall have prior approval of the selection of any investigator used to investigate Client's claims of industrial injury or illness. Take necessary statements and investigate facts of the case within thirty (30) days receipt of claim, when warranted. f. Prepare documentation of cases for litigation and continue to monitor legal counsel representing Client in legal action(s) and assist counsel as necessary in preparation of litigation. Client shall select and approve counsel prior to each referral. In addition, Administrator shall promptly provide Client with copies of all correspondence generated on those claim files which are litigated and shall immediately notify Client in writing and shall keep Client closely informed on those claims involving allegations of Serious and Willful Misconduct or alleged violation(s) of California Labor Code Section 132(a). At time of case referral to defense counsel administrator shall prepare a letter of direction to defense counsel outlining work to be done, by whom, and in what time frame. All assignments, instructions and communication with defense counsel must be documented in the claim file and computer note pads. Administrator shall manage defense counsel on an ongoing basis and obtain status reports from defense counsel every sixty (60) days. Administrator shall actively manage litigated files and not perform functions and shall not require defense counsel to perform activities which can be accomplished effectively by claims staff. Examples of required examiner activity on litigated files include by are not limited to:
Scheduling medical appointments
2026 Service Agreement
4 Writing cover letters to doctors
Subpoenaing medical records
Answering applications
Filing and serving requisite documents
Administrator shall obtain defense counsels’ written evaluation within sixty (60) days of submission, including evaluation of liability, verdict potential, settlement value, and case strategy.
g. Disburse payment on behalf of Client out of the bank trust account funded by Client, all "Allocated Loss Expenses", which is defined to include all costs incurred on behalf of Client specifically related to an individual claim, including but not limited to, attorneys, independent adjusters or investigators, expert witnesses, copying records or transcripts, court costs or Appeals Board fees or other costs deemed proper and necessary to represent Client. h. Examine on behalf of Client all reports of industrial injury or illness relating to Client's employees or former employees and reported to Administrator and to conduct investigations on such cases by Administrator's salaried employees as in Administrator's judgment is deemed necessary.
i. Pay compensation, medical expense, "Allocated Loss Expense", and all other benefits as prescribed by law out of funds provided by Client. Payments made by Administrator without Client approval, where approval is required elsewhere in this Agreement, shall be the responsibility of the Administrator.
j. Maintain a claim file on each reported claim which shall be available to Client at all times for inspection and to conduct, at a time and frequency to be determined by Client, claim file reviews with Client at either Client's or Administrator's offices. k. Index Bureau System. On the Client’s behalf, Athens shall subscribe and report to the Index Bureau System related to each claim. The costs of such reports will be allocated to each individual claim file.
l. Create, reserve and enter required claim data into Administrator's computer system within five (5) working days of receipt of notice of claim from Client. Enter all payments, reserved revisions, and file closings into the information system within three (3) working days. m. Review Client's medical bills and other medical charges and treatment relating to Client's claims of industrial injury or illness, for causal relationship to all claims of injuries/illness, and reasonableness of treatment prior to payment. Solicit all medical bills, medical reports and records, and documentation of alleged wage loss prior to settlement negotiations. n. Make all disability payments and send all notices in a timely manner, abiding by all applicable provisions of the California Labor Code and California Workers' Compensation Laws, Rules and Regulations.
2026 Service Agreement
5 o. Make payments of bills within thirty (30) days of receipt and assure timely review and payment of all medical bills in accordance with statutory deadlines and requirements. p. Acknowledge to Client all claims reported to Administrator within three (3) working days of receipt of the notice of claim and to notify Client and injured workers within five (5) working days of the notice of claim to Client, whether the claim has been accepted, delayed for further investigation, or denied.
q. Convert all Medical Only Claims to Indemnity Claims status when the paid amount reaches five thousand ($5,000) dollars or when the claim remains open in excess of one (1) year. r. Recognize and where appropriate investigate all subrogation and/or contribution possibilities, preserving evidence and utilizing appropriate investigators and experts, as needed, after first obtaining Client’s permission to engage such investigators/experts. As respects subrogation and contribution cases, any compromise settlements or lien reductions will be discussed with the Client.
s. Administrator may receive compensation in connection with outsourced services, either by retaining a portion of expenses charged to the Account, or by receiving fees from preferred providers. The amount that Administrator receives will vary depending upon the preferred provider, and may be calculated based on percentage of savings, percentage of revenue to the provider or Administrators mark-up of provider fees. The amounts retained or received by Administrator in connection with outsourced services are in addition to the basic fees, reimbursable expenses, additional service fees, and the taxes paid to Athens by Company. t. MSA Allocations/SCHIP Reporting – Athens has contracted with third party Verisk for Medicare Set Aside allocations and State Children Health Insurance Program (“SCHIP”) reporting efforts. Athens may exclusively utilize the services of Verisk for MSA allocations and SCHIP reporting requirements unless otherwise requested in writing by Client.
2.3 Administrator agrees to monitor relevancy of medical treatment by the following:
a. Maintain continual contact with medical practitioners in order to monitor claimant treatment process and a timely return to work. Administrator shall make a good faith effort to establish contact with attending physician within twenty-four (24) hours of receipt of injury report and shall make contact with attending physician's office within forty-eight (48) hours of receipt of injury report and shall document such contact in the claim file. b. Review and discuss Vocational Rehabilitation Program(s) with Client prior to its initiation for an individual claimant.
c. Monitor individual vocational rehabilitation programs to determine appropriateness and progress.
2.4 Administrator agrees to the following record keeping and reporting requirements:
a. Provide Client with monthly reports consisting of:
2026 Service Agreement
6 (1) Daily check registers including all claim disbursements made on behalf of Client. (2) Computerized loss reports in an acceptable format as mutually agreed upon at the effective date of this Agreement, showing descriptive data, details of each month's payments, total payments, reserves and total experience and incurred loss values for each claim.
(3) Any and all other standard reports Administrator currently prepares, if desired by Client.
Additional reports required by Client, which are not currently a standard offering by Administrator may be requested of Administrator per paragraph 2.7 above.
b. Provide oral claims reports on demand, special specific-focus loss run reports within twentyfour (24) hours and larger or major computer analysis reports within seven (7) working days, excluding weekends and holidays. It is further agreed and understood that should Client require that Administrator prepare for Client special reports, which require additional programming costs there may be an additional charge for said reports. c. Maintain all records and statistical data on each employee claim of injury or illness, including, but not limited to, a record of each denial, delay, litigated claim and loss, which records, and data shall be available upon request by Client. Client, at Client's discretion, may audit all records maintained by Administrator including, but not limited to, all payments made on behalf of Client. Such audit may incorporate random sampling or other audit procedures suitable to Client.
d. Prepare and submit Federal Information Return (Form 1099) by statutory deadline for applicable payments made by Administrator on Client's behalf, during the term of this Agreement and as specified under Section 1.02. (e) of this Agreement. e. Prepare all other reports as necessary to remain in compliance with all Workers' Compensation Laws and other state and federal laws, rules and regulations. f. Provide report to Accounting Department of Client of all payments when made and any other information necessary for Client to adequately fund the bank trust account. All such payments shall be supported with check payment detail and monthly summary report showing all payees, payment amounts and dates of payment.
g. Provide for Client the ability to be on-line with Administrator's computer system. This system will provide Client with all financial and statistical data relating to Client's workers' compensation claims, together with narrative topical "notepad" reports, on each individual claim. This system will also include electronic mail service between Administrator and Client; the ability to electronically transmit 5020’s (Client’s First Report of Industrial Injury/Illness); OSHA Log generation; and complete report generation capabilities. h. Special reports, new reports and data feeds can also be requested. They are subject to a cost per quote at a rate per project or per hour (per paragraph 2.7) once the scope has been agreed upon.
2026 Service Agreement
7 III. CLIENT'S DUTIES
3.1 Client agrees to perform as follows:
a. Within 5 business days, report to Administrator as they shall occur and become known to Client, the employee claims of occupational injury, disease, illness, or death. b. Within 5 business days, forward to Administrator all applications, notices of claims, notices of hearings or other legal notices pertaining to claims against Client for occupational injury, disease, illness, or death, and all other correspondence or information received by Client which is or could be relevant to the efficient and proper handling of any reported claim of industrial injury, disease, illness, or death.
c. Provide Administrator with all necessary data required for Administrator to perform under this Agreement and cooperate fully with Administrator in the performance of this Agreement.
d. Make available to Administrator funds for the payment of benefits or services to or for occupational injury, disease, illness, death, or vocational rehabilitation and medical treatment of employees of Client, or their dependents in the event of death, and "Allocated Loss Expense". Administrator shall administer said funds in accordance with the terms of this Agreement as Trustee of Client.
IV. ELECTRONIC CLAIM FILES, STORAGE, AND TRANSFER OF FILES
4.1 Files
Administrator shall record and maintain an electronic file of all industrial injuries reported. Files may be maintained electronically, in hard copy, or in other media, at Administrator’s discretion.
Such files shall be made available to Client or its designated representative for inspection upon request.
4.2 Storage
Physical Documents
If Client would like to transfer physical documents for active and closed claim files to Administrator, Client must choose one of the following options to do so: 1) Storage - Administrator will store the physical documents at an offsite third-party storage facility with the direct costs passed-through, with no mark-up, to Client to pay on a quarterly basis; 2) Scan and shred – Administrator will scan the physical documents received for Client’s active claims files and shred them, at Administrator’s expense; closed claim file boxes will be scanned and shredded by Administrator or third-party vendors hired by Administrator, for a cost to Client of $25 each box, to be paid to Administrator by Client with the first invoice after receipt of boxes. Client will instruct Administrator as to which option they choose, before sending the boxes to Administrator. If the boxes are received by Administrator without Client’s instructions, Administrator will scan and shred the documents and bill Client as noted in choice #2 in this paragraph.
2026 Service Agreement
8 Videos
If Client would like to transfer video files for active and closed claim files, to Administrator, Client may transfer up to 1TB (terabyte) of video that Administrator will store at Administrator’s cost. For any additional space utilized for video files, Administrator will bill Client $1 per GB (gigabyte) on a monthly basis.
4.3 Transfer of Electronic Files
Administrator will provide Client’s files to Client, or an entity designated by Client, within 30 business days of the agreed upon transfer date of the files to the new Administrator. Client will reimburse Administrator all reasonable costs incurred in returning the files to the Client. The electronic files will be in the electronic form used by Administrator to provide the services to Client under this Agreement. Client may request that the files be provided in a different format or that the hard copies of the files be provided to it, provided that Client pays Administrator for all costs associated with such request. Notwithstanding the foregoing, Administrator will not be obligated to provide the files to Client, or an entity designated by Client, unless Client has paid Administrator for all amounts owed pursuant to the Agreement. Client agrees to comply, and to require any recipient of the files designated by it to comply, with all applicable laws and regulations relating to the storage, transmission, use and confidentiality of the files and to hold Administrator harmless in relation thereto, except for gross negligent acts of which the Administrator will be responsible.
4.4 Copies of Files
Administrator may, at its discretion keep a copy of Client’s files if it deems it necessary to comply with or defend itself in relation to any obligation or rights that it has under this Agreement, applicable laws or regulations.
4.5 Backup of Files
Administrator currently hosts all data in our claims administration system in an Amazon Virtual Private Cloud (VPC). Communication between the Administrators end user’s laptop, computer and our claims administration system in the VPC, is encrypted. The communications within the VPC are encrypted, the data at rest in the Database is encrypted and Administrator performs daily backups.
We pay an independent company to conduct a vulnerability scan and penetration test annually and we engage an auding company to conduct a SOC 1, Type II audit annually.
V. FINES, PENALTIES, AND STANDARDS
5.1 All services as described in this Agreement shall be performed in accordance with all applicable laws, rules and regulations of any and all governmental authorities and applicable standards, and specifically performed in accordance with all applicable Workers' Compensation Laws of the State of California.
2026 Service Agreement
9 5.2 Administrator and Client acknowledge the obligations and penalties contained in the California Workers' Compensation Reform Act of 1989 that may be imposed on both Clients and claim administrators and agree to the following:
a. Penalties for errors or omissions caused by Client's failure to act or timely report claims or issues to Administrator that create a delay in payment of benefits, incorrect payment of benefits, or administrative fine(s) or penalty(s) shall be the responsibility of Client. Penalties for errors or omissions caused by Administrator’s performance of services under this contract that create a delay in payment of benefits, incorrect payment of benefits, or administrative fine(s) or penalty(s) shall be the responsibility of Administrator. b. Administrator shall provide Client with a quarterly accounting of penalties paid by Administrator on behalf of Client including a description and detailed listing of each penalty payment and the specific claim file to which the penalty payment was charged. Penalties, which are computed by Administrator, shall be paid out of Client's benefit account and Administrator shall then reimburse Client quarterly for those penalties, which are the responsibility of Administrator under the terms and conditions of this Agreement. c. Without limiting the provisions set forth in the above two paragraphs it is agreed that upon receipt by Administrator of a notice of claim from Client, upon which indemnity benefits shall be paid or notice given promptly to the employee in order to avoid late payment or notice of benefit penalties, Administrator shall have ten working days(excluding weekends and holidays) from the date of receipt of the claim from Client, to investigate and pay the temporary disability or send the required wage continuation notice, and that failure on the part of Administrator to do so within this time frame shall be the financial responsibility of Administrator for any fine imposed for late notice or payment of benefits. Any fines or penalties for late payment or notice of benefits on claims, which are received from Client by Administrator on or, after the ninth day following the date Client knew or should have known about the claim(s) shall be the responsibility of Client. d. Any controversy between the parties to this Agreement involving the construction or application of the terms, provisions, or conditions of this Agreement relating to the payment of penalties or fines shall be submitted to arbitration upon the written request of one party, after service of that request upon the other party. e. Arbitration and controversies relating to the payment of penalties or fines under this Agreement shall comply with and be governed by the provisions of the California Arbitration Act, as set forth at sections 1280 et. seq. of the California Code of Civil Procedure.
f. Failing informal efforts between the parties to this Agreement to resolve disputes regarding the payment of penalties or fines, each party shall appoint one person to hear and resolve the dispute. These arbitrators, one appointed by each party, shall be known for the purposes of this Agreement as "initial arbitrators". If the "initial arbitrators" are unable to agree on a resolution of the dispute they shall then choose a third independent and impartial arbitrator whose decision shall be final and conclusive on both parties.
2026 Service Agreement
10 g. If a dispute or arbitration under this Agreement is pending at a time when payment of the disputed penalty(s) or fine(s) is either statutorily mandated or when failure to effect payment will result in an increase in the fine or penalty, or an additional fine or penalty, each party shall bear liability for one-half of the penalty(s) or fine(s) in dispute until such time as the arbitration is concluded and liability for payment of the fine or penalty is finally determined. Once determined, the party adjudged to be liable for the penalty(s) or fine(s) shall reimburse the non-liable party for any portion of the penalty(s) or fine(s) the nonliable party may have paid during the pendency of the arbitration.
5.3 Excess Coverage or Other Insurance
Administrator, as a part of the regular claims administration process, shall comply with the reporting provisions, guidelines, and requirements imposed by the Client’s Excess Workers' Compensation Insurance Carrier(s) and other carriers that may be involved in the administration of the Client’s Workers' Compensation Program. However, Client as policyholder shall continue to be liable for all the duties, requirements, obligations, and penalties subject to section 6.1 and 6.2 of this agreement imposed by the Client's Carrier(s).
VI. DEFINITION OF "MEDICAL ONLY" AND "INDEMNITY" CLAIM
6.1 The definition of a "Medical Only" claim shall be:
A Medical Only Claim is any alleged work-related injury or illness for which:
1. Medical treatment is sought, and
2. There are no questionable issues surrounding Arising Out of Employment (AOE) or Course of Employment (COE), and
3. There is no third-party involvement or potential subrogation, and
4. No investigation services are requested or required, and
5. The claim involves no litigation or representation, and
6. The claimant is not hospitalized, and
7. Temporary Disability does not exceed the statutory waiting period as defined by the Workers’ Compensation Laws of California (Labor Code §4652) or Nevada, and
8. No other indemnity benefits (Temporary Disability, Permanent Disability, Vocational Rehabilitation, Life Pension, or Death) are claimed.
9. A claim where the total incurred (medical + expense) is typically less than $5,000 and expected to remain minimal.
10. A claim where the injured worker returns to work immediately or after minimal treatment with no lost time beyond the waiting period.
11. Claims that can be closed promptly after initial treatment and follow-up without continuing exposure.
6.2 The definition of an "Indemnity Claim" shall be:
An Indemnity Claim is any alleged work-related claim for which one or more of the following apply:
1. Temporary Disability (TD) benefits are paid, or
2. Permanent Disability (PD) benefits are claimed or anticipated, or
2026 Service Agreement
11 3. Vocational Rehabilitation services are requested (for older legacy claims, pre-2004 reforms), or
4. A Life Pension benefit is awarded, or
5. A Death Claim is filed, or
6. Subrogation potential exists, or
7. AOE/COE is at issue when the claim is received by the Administrator, or
8. An employer requests investigation of the claim, or
9. Total incurred reserves exceed $5,000, or
10. A Medical Only claim has been open for more than 120 days.
11. Any claim where the injured worker loses time beyond the statutory waiting period.
12. A claim requiring future indemnity reserves, even if benefits have not yet been paid.
13. Claims involving structured settlements, compromise and release, or stipulations with request for award.
14. Any case involving representation by an attorney (as this typically indicates potential indemnity exposure).
VII. GENERAL PROVISIONS
7.1 Neither party shall assign this Agreement or any part hereof without the written consent of the other party.
7.2 Each party agrees to indemnify, defend, and hold harmless the other against all actions, claims or demands, and against all costs, expenses and attorneys' fees, arising directly or indirectly out of an actual or alleged injury to a person or to property as an actual or alleged result of an act or omission of the party or any of its shareholders, directors, officers, employees, or agents and each party's obligation to so indemnify, defend and hold harmless the other shall survive the expiration or earlier termination of this Agreement.
The provisions of the HIPPA Business Associate Agreement attached as an addendum to this contract imposes obligation on the parties in addition to the paragraph above.
7.3 All notices or other communications under this Agreement shall be sent to the parties at the addresses set forth below:
Client
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708
Attn: Heather Campbell
Administrator
Athens Administrators
P.O. Box 696
Concord, CA 94533
Attn: James Jenkins
7.4. In the event either party hereto shall institute formal legal action, the prevailing party shall be entitled to its reasonable attorneys' fees.
2026 Service Agreement
12 7.5 This Agreement may be amended at any time by mutual agreement of the parties, but any such amendment must be in writing, dated, signed by the parties and attached hereto.
7.6. Any failure of a party to insist upon strict compliance with any term, undertaking or condition of this Agreement shall not be deemed to be a waiver of such term, undertaking, or condition. To be effective, a waiver must be in writing, and signed by the parties hereto.
7.7 This Agreement shall be governed by California law and any action arising out of it shall be instituted and prosecuted only in the municipal or superior court of Contra Costa County, State of California.
7.8 This Agreement instrument constitutes the entire agreement between the parties. Any oral representations or modifications concerning this Agreement shall be of no force and effect.
IN WITNESS WHEREOF: The Parties have hereto caused this Agreement to be executed by their duly authorized representatives as of the day and year stated.
CITY OF FOUNTAIN VALLEY
Signature
Title
Dated
ATHENS ADMINISTRATORS
Signature
Title
Dated
APPROVED TO FORM:
Harper & Burns LLP
Attorneys for the City
Signature
Dated
Addendum A – Pricing Proposal
Attached is final version of agreed upon pricing proposal
Medical Fee Schedule Reduction (OMFS)
Specialty Bill Review Reductions
Specialty Bill Review - Subject to Maximum fee of $3,000 Per Bill Medical Provider Network $6.00 Per Bill
IT Special Projects (i.e., Custom report creation, API feeds & special conversions) $180 Per Hour Nurse Triage - Optional Service $180 Per Claim
Pharmacy Drug Review $125 Per Hour
Central Index Bureau & First and Subsequent Report of Incident Reporting $27 Per Jarvis Claim Communication System Included
New Loss Text Messaging to Injured Workers Included
CMS Reporting (Verisk) Included
Pharmacy Benefits Management (PBM) Included
Claim Reporting Included
Predictive Modeling Included
Records Review $250 $265 $280 Per Hour
ADDITIONAL RELATED SERVICES
Peer Review Year 1 Year 2 Year 3
Physician Peer Review $300 $310 $320 Flat Fee
Catastrophic Case Mgmt. (Per Hour + Travel & Mileage) $149 $154 $158 Telephonic Nurse Case Management (Per Hour) $127 $132 $135 Field Case Management (Per Hour + Travel & Mileage) $134 $138 $142 Authorization Only $40 $41 $42 Flat Fee
Case Management Year 1 Year 2 Year 3
Concurrent, Prospective and Retrospective Review $145 $150 $154 Flat Fee UR appeals: Peer to Peer $300 $309 $318 Per Hour
UTILIZATION REVIEW, CASE MANAGEMENT AND PHYSICIAN REVIEW Year 1 Year 2 Year 3
21% 21% 21% of Savings
Duplicate Bills (No Charge to Review) $0.00 $0.00 $0.00 Hospital In an Out Patient Fee Schedule Reductions $600 $618 $636 Per Bill PPO Network Reductions
Percentage applied below fee schedule reduction 24% 24% 24% of Savings $7.21 $7.43 $7.65 Per Bill (Includes: Medical, Pharmacy and Supplies) CJPIA
MEDICAL BILL REVIEW Year 1 Year 2 Year 3
4/3/2026
ADDENDUM A
3)
==
=
4)
5)
6)
7)
Sub rosa investigations Index bureau filings
Official documents and transcripts Chemist
Pre-and post-judgment interest paid Claim intake fees
Architects, Contractors and Engineers Outside investigations Police, fire, coroner, weather, or other such Subrogation recovery fees Property damage appraisals Property damage appraisals
Medical records Court reports
Experts' rehabilitation costs Accident reconstruction
Fees for service of process Collection cost payable to third parties Definition of Allocated Expense: Shall include, but not be limited to:
Legal fees Managed care expenses
Professional photographs Medical examinations
Extraordinary cost for witness statements Extraordinary travel made at client's request b) Carrier report package by e-mail or website
Claim Reporting inclused the following:
a) Telephonic 800# b) Web Reporting
Custom Report Creation: Access to Athens' complete report library is standard and included in fees. In the event client requires report customization there will be a charge of $180 per hour to create required reports. b) Settlement authority set at $10,000 d) Scheduled meetings/claim reviews Data Management includes the following:
a) Monthly claim reporting by e-mail or website
Indemnity (Covid Related) $ 500
Account Administration includes the following:
a) Detailed status reports c) Banking Administration
2)
Claims will be handled for the life of the contract (unless specifically noted as life of cliam) with no additional per claim fees.
If you should decide to non-renew with Athens Administrators, the existing open files can be handled in one of two ways. a) Athens Administrators could continue to handle open files at our prevailing rates per year per open file. b) Athens Administrators would return the files to the client at the clients expense Claim Volume Protection Clause: In the flat annual fee scenario if annual new claim inventory increases in any year beyond the noted annual inventory assumption in our pricing proposal then each claim beyond that number will be billed at the Indemnity $ Medical Only 1,000 $ 165
CJPIA
Terms or Agreement
1) Athens Administrators will invoice company for all basic fees on a monthly basis and such invoice shall be paid by company upon receipt of invoice.
4/3/2026
ADDENDUM A
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 16, 2026
Members of the City Council
SUBJECT: Approve Amendment No. 1 with Inland Fleet Solutions, Inc. (Contract #1610) for a $10,000 increase to Fire Apparatus Service and Maintenance and modify payment terms to a total contract sum limit.
Three-Year Strategic Goals
☐ Cultivate a welcoming culture and safe environment that makes our community “A Nice Place to Live.”
☒ Ensure long-term fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities.
☐ Attract and retain quality staff through best practices and trends. ☐ Maintain, build, plan for, and modernize infrastructure to support the growth and future needs of the City.
☐ Not applicable.
EXECUTIVE SUMMARY
On September 1, 2025, the City Council approved a three (3) year agreement with Inland Fleet Solutions, Inc. for Fire Apparatus Service and Maintenance (Contract #1610), effective September 1, 2025, through June 30, 2028, at $115,000 per year for a total contract value of $345,000. During FY 2025-26, the Fire Department incurred significant fire apparatus repair costs and have reached the annual limit prior to the end of the fiscal year, leaving two (2) outstanding invoices that cannot be paid under the current contract terms. Staff is requesting City Council approval of Amendment No. 1 to increase the total contract by $10,000 to $355,000 and convert the payment cap from a per-year limit to a total contract sum limit, allowing payment of the outstanding invoices and greater flexibility in future years.
DISCUSSION
During FY 2025-26, the Fire Department incurred multiple major fire apparatus repair costs through Inland Fleet Solutions, Inc. under Contract #1610. As a result of these repairs, the City has exhausted the $115,000 annual not-to-exceed limit established in the original agreement and two invoices cannot be paid under the existing contract terms.
Amendment No. 1 makes two (2) changes to the Agreement. First, it increases the total contract amount by $10,000, from $345,000 to $355,000. Second, it revises Section 6(a) to replace the per-year not-to-exceed limit of $115,000 with a total contract sum not-to-exceed
Approve Amendment No. 1 with Inland Fleet Solutions, Inc. (Contract #1610) June 16, 2026
limit of $355,000 for the full term of the Agreement. This revision allows the City to manage payments more flexibly, provided sufficient funds are available in the applicable expense accounts. The revised language does not increase the overall risk to the City, as the total contract ceiling remains in place.
FISCAL REVIEW
This amendment would increase the contract by $10,000, bringing the new contract total to $355,000. There is sufficient budget in FY 2025-26 and FY 2026-27 to cover the increase.
PUBLIC NOTIFICATION
Not applicable.
ENVIRONMENTAL IMPACT REVIEW
Not applicable.
ATTORNEY REVIEW
The Attorney(s) for the City have reviewed and approved the contract amendment.
ALTERNATIVES
Alternative No. 1: Approve the Contract Amendment No. 1 to increase the total contract by $10,000 and modify the payment terms from a per-year limit to a total contract sum limit.
Alternative No. 2: Do not approve the Contract Amendment No. 1 and provide direction to staff.
RECOMMENDATION
Staff is requesting City Council approval of Contract Amendment No. 1 to increase the total contract by $10,000 and modify the payment terms from a per-year limit to a total contract sum limit.
Prepared by: Tim Saiki, Division Chief
Reviewed by: Chris Nigg, Fire Chief
Fiscal Review by: Ryan Smith, Finance Director
Attorney review by: Vanessa Lassooy, Attorney for the City Approved by: Maggie Le, City Manager
Attachments:
Approve Amendment No. 1 with Inland Fleet Solutions, Inc. (Contract #1610) June 16, 2026
1. Amendment No. 1
2. Original contract with Inland Fleet Solutions, Inc.
AMENDMENT 1 TO AGREEMENT FOR FIRE APPARATUS
SERVICE & MAINTENANCE
CON 1610
THIS FIRST AMENDMENT is made and entered this 16th day of June 2026, by and between the City of Fountain Valley (hereinafter "CITY") a municipal corporation, and Inland Fleet Solutions, Inc. (hereinafter "CONSULTANT").
Recitals
WHEREAS, CITY and CONSULTANT have previously entered into that certain Agreement for Fire Apparatus Service and Maintenance dated September 1, 2025, for a term ending June 30, 2028, for an amount not to exceed One Hundred Fifteen Thousand dollars ($115,000) per year, for the total term attached hereto as Attachment A (AGREEMENT); and
WHEREAS, the Fire Department incurred significant fire apparatus repair costs and have reached the annual limit prior to the end of the fiscal year, leaving unpaid invoices that can’t be paid under the current Agreement terms; and
WHEREAS, the Parties now desire to amend the contract to increase the not-to-exceed amount by Ten Thousand Dollars ($10,000), to a new TOTAL CONTRACT SUM not-to-exceed Three Hundred FiftyFive Thousand Dollars ($355,000.00) for the total term of the AGREEMENT.
NOW, THEREFORE, the parties hereto agree as follows:
1. Effective June 16, 2026, Section 6(a) of the AGREEMENT shall be replaced in its entirety to the following:
CITY agrees to pay CONSULTANT in accordance with the payment rates, terms, and schedule of payment set forth in Exhibit A, attached here to and incorporated herein by this reference as though set forth in full. The amount shall not exceed three hundred fifty-five thousand dollars ($355,000.00), for the total term of this AGREEMENT, unless additional payment is approved as provided in this AGREEMENT.
2. Except as amended by this FIRST AMENDMENT, all other terms and conditions of the AGREEMENT shall remain in effect
IN WITNESS WHEREOFF, the parties hereto have entered into this FIRST AMENDMENT the date and year first above written.
ATTEST: CITY OF FOUNTAIN VALLEY
________________________________ ________________________________________ Rick Miller, City Clerk Jim Cunneen, Mayor
APPROVED AS TO FORM: CONSULTANT:
HARPER & Burns LLP INLAND FLEET SOLUTIONS
_______________________________ _______________________________________ Attorneys for the City By: Kyle Ager, Owner
ATTACHMENTS (for reference only)
Attachment A: Original Agreement
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 16, 2026
Members of the City Council
SUBJECT: Public Hearing to Consider Code Amendment 26-03 Amending Fountain Valley Municipal Code Section 21.18.130 Establishing Objective Design Standards for Multifamily and Mixed-Use Residential Projects
Three-Year Strategic Goals
☐ Cultivate a welcoming culture and safe environment that makes our community “A Nice Place to Live.”
☐ Ensure long-term fiscal stability by evaluating processes and attract and retain revenue producing businesses/opportunities.
☐ Attract and retain quality staff through best practices and trends. ☐ Maintain, build, plan for, and modernize infrastructure to support the growth and future needs of the City.
☒ Not applicable.
EXECUTIVE SUMMARY
In recent years, the State of California has enacted a series of housing bills with the overall aim of increasing the state’s housing inventory and reducing barriers to housing production.
Several laws have affected local land-use authority by requiring cities to ministerially review and approve certain eligible residential development projects. Within this context, ministerial review means that an application is reviewed and approved administratively, without discretionary review or hearing. As part of this ministerial review process, cities may review projects for compliance with local objective development and design standards. Standards are considered objective if they are measurable and verifiable and involve no subjective judgment by a city official.
On April 8, 2026, the Planning Commission held a public hearing to consider Code Amendment 26-03 amending the Fountain Valley Municipal Code (FVMC) Section 21.18.130 establishing multifamily and residential mixed-use development projects.
DISCUSSION
The State’s recent housing laws have implications for the City’s local development review process as they enable a qualifying project to proceed through a streamlined review, bypassing typical discretionary planning applications. Consequently, eligible projects would not be subject to City Council or Planning Commission discretionary approvals, nor would there be a noticed public hearing. More significantly, this process circumvents the comprehensive evaluation typically conducted by City staff.
State law allows cities to impose objective development and design standards on eligible housing projects. The City’s development standards, such as building setbacks to property lines and height limits, do not involve discretion or subjective judgment and are considered
Establishing Objective Design Standards for Multifamily and Mixed-Use Residential Projects
June 16, 2026
objective. However, the City’s design guidelines, related to architectural principles and landscaping design are more qualitative and do involve discretion and subjective judgment.
In response to recent state housing law(s), the City has undertaken an effort to prepare objective design standards to apply to new qualifying housing projects that are otherwise exempt from the City’s discretionary process and design guidelines.
CA 26-03
The proposed Code Amendment (“CA 26-03”) would amend Title 21 of the Fountain Valley Municipal Code to establish objective development standards that would apply to residential housing development projects when the City’s discretionary review is limited or prohibited, while generating standards that support the requirements of state law to streamline the processing of housing projects. The design of residential projects would be required to meet the objective standards, or alternatively, applicants would continue to have the opportunity to pursue design flexibility beyond these objective standards under the City’s current discretionary review process.
Objective Development Standards Manual
If adopted, CA 26-03 would add Fountain Valley Municipal Code Section 21.18.130 and incorporate by reference a new standards manual entitled Residential and Mixed-Use Objective Design Standards (“the Manual”), which is attached as Attachment 3.
The purpose of the Manual is to provide the development community, design professionals, general public, and City personnel with objective criteria for eligible new multifamily and mixed-use residential development in the City. These criteria include, for example, objective standards related to site planning, building form, landscaping, and architectural design based on Fountain Valley’s character, aesthetics, and the quality of the built environment. Consistent with existing state law, objective standards are those that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and the public official prior to submittal. The intent of the Manual is to promote the construction of new housing and further City goals in yielding development projects that feature elevated design and architecture and foster an enhanced quality of life through the built environment.
Design principles and aesthetics are subject to change over time, making it essential for the Manual to remain adaptable. To address this, the proposed Zoning Code regulations [contained within Section 21.18.130 (d) (2)] authorize the Community Development Director to initiate amendments to the Manual. The ordinance also provides that the Manual shall be maintained as a City Council policy document while remaining on file with the Community Development Department. Because the Manual is incorporated by reference into the Zoning Code, future amendments would not be effective until they are approved by the City Council.
FISCAL REVIEW
There is no financial impact associated with approving the proposed code amendment.
PUBLIC NOTIFICATION
The item was published in the Orange County Register and notices were posted at City Hall and at the City’s website at www.fountainvalley.gov/AgendaCenter
Establishing Objective Design Standards for Multifamily and Mixed-Use Residential Projects
June 16, 2026
ENVIRONMENTAL IMPACT REVIEW
The proposed CA is determined to be categorically exempt from the California Environmental Quality Act (“CEQA”) because it is an administrative activity that will not result in a direct or reasonably foreseeable indirect physical change to the environment and is thus not a "project" under State CEQA Guidelines 15378 (see State CEQA Guidelines, Section 15060(c)(2) and (3)). Alternatively, even if the adoption of CA 26-03 did qualify as a project under CEQA, it would be exempt from CEQA under State CEQA Guidelines Section 15061(b)(3), which provides that a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Adoption of CA 26-03 will not have a significant effect on the environment as it simply establishes objective design review standards for certain residential developments and remodels; it does not authorize any construction or development. Therefore, it is exempt from CEQA.
ATTORNEY REVIEW
The Attorney for the City has reviewed the agenda report and attached Ordinance.
ALTERNATIVES
Alternative No. 1: Introduce the attached Ordinance approving Code Amendment 26-03 amending Fountain Valley Municipal Code Section 21.18.130 to establish citywide Objective Design Standards for multifamily residential and residential mixed-use development projects.
Alternative No. 2: Introduce the attached Ordinance approving Code Amendment 26-03 amending Fountain Valley Municipal Code Section 21.18.130 to establish Objective Design Standards for multifamily residential and residential mixed-use development projects but direct staff to return with revisions .
Alternative No. 3: Do not introduce the attached Ordinance approving Code Amendment 26-03 amending Fountain Valley Municipal Code Section 21.18.130 to establish Objective Design Standards for multifamily residential and residential mixed-use development projects.
Alternative No. 4: Continue the item for additional information.
RECOMMENDATION
Adopt Alternative No. 1 to introduce the attached Ordinance approving Code Amendment 26-03 amending Fountain Valley Municipal Code Section 21.18.130 to establish citywide Objective Design Standards for multifamily residential and residential mixed-use development projects.
Prepared by: Omar Dadabhoy, Deputy City Manager/Community Development Director
Attorney Review by: Theresa Brennan, Attorneys for the City
Establishing Objective Design Standards for Multifamily and Mixed-Use Residential Projects
June 16, 2026
Approved by: Maggie Le, City Manager
Attachments:
1. Planning Commission Staff Report dated April 8, 2026
2. Ordinance approving Code Amendment 26-03 amending
FVMC Section 21.18.130 establishing Objective Design
Standards
3. Residential and Mixed-Use Objective Design Standards
Request for
Planning Commission Action
TO: Planning Commission DATE: April 8, 2026
FROM: Deputy City Manager/Community Development Director, Omar Dadabhoy SUBJECT: Objective Design Standards for Residential and Mixed-Use Projects Background:
In recent years, the State of California has enacted a series of housing bills with the overall aim to increase the state’s housing inventory and reduce barriers to housing production.
Several laws have impacted local land use authority by requiring cities to ministerially review and approve certain eligible residential development projects. Within this context, ministerial review means that an application is reviewed and approved administratively, without discretionary review or a hearing. As part of this ministerial review process, cities may review projects for compliance with local objective development and design standards. Standards are considered objective if they are measurable and verifiable and involve no subjective judgment by a city official.
Discussion:
The State’s recent housing laws have implications for the City’s local development review process as they enable a qualifying project to proceed through a streamlined review, bypassing typical discretionary planning applications. Consequently, eligible projects would not be subject to City Council or Planning Commission discretionary approvals, nor would there be a noticed public hearing. More significantly, this process circumvents the comprehensive evaluation typically conducted by City staff.
State law allows cities to impose objective development and design standards on eligible housing projects. The City’s development standards, such as building setbacks to property lines and height limits, do not involve discretion or subjective judgment and are considered objective. However, the City’s design guidelines, related to architectural principles and landscaping design are more qualitative and do involve discretion and subjective judgment.
In response to recent state housing law(s), the City has undertaken an effort to prepare objective design standards to apply to new qualifying housing projects that are otherwise exempt from the City’s discretionary process and design guidelines.
CA 26-03
The proposed Code Amendment (“CA 26-03”) would amend Title 21 of the Fountain Valley Municipal Code to establish objective development standards that would apply to residential housing development projects when the City’s discretionary review is limited or prohibited
Planning Commission Action – CA 26-03 Objective Design Standards April 8, 2026
while generating standards that support the requirements of state law to streamline the processing of housing projects. The design of residential projects would be required to meet the objective standards or alternatively, applicants would continue to have the opportunity to pursue design flexibility beyond these objective standards under the City’s current discretionary review process.
Objective Development Standards Manual
If adopted, CA 26-03 would add Fountain Valley Municipal Code Section 21.18.130 and incorporate by reference a new standards manual entitled Residential and Mixed-Use Objective Design Standards (“the Manual”), which is attached as Attachment 3.
The purpose of the Manual is to provide the development community, design professionals, general public, and City personnel with objective criteria for eligible new multifamily and mixed-use residential development in the City. These criteria include, for example, objective standards related to site planning, building form, landscaping, and architectural design based on Fountain Valley’s character, aesthetics, and the quality of the built environment. Consistent with existing state law, objective standards are those that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and the public official prior to submittal. The intent of the Manual is to promote the construction of new housing and further City goals in yielding development projects that feature elevated design and architecture and foster an enhanced quality of life through the built environment.
Design principles and aesthetics are subject to change over time, making it essential for the Manual to remain adaptable. To address this, the proposed Zoning Code regulations (contained within Section 21.18.130 (d) (2)) authorize the Community Development Director to initiate amendments to the Manual. The ordinance also provides that the Manual shall be maintained as a City Council policy document while remaining on file with the Community Development Department. Because the Manual is incorporated by reference into the Zoning Code, future amendments would not be effective until they are approved by the City Council.
Environmental Clearance:
The proposed CA is determined to be categorically exempt from the California Environmental Quality Act (“CEQA”) because it is an administrative activity that will not result in a direct or reasonably foreseeable indirect physical change to the environment and is thus not a "project" under State CEQA Guidelines 15378 (see State CEQA Guidelines, Section 15060(c)(2) and (3)). Alternatively, even if the adoption of CA 26-03 did qualify as a project under CEQA, it would be exempt from CEQA under State CEQA Guidelines Section 15061(b)(3), which provides that a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Adoption of CA 26-03 will not have a significant effect on the environment as it simply establishes objective design review standards for certain residential developments and remodels; it does not authorize any construction or development. Therefore, it is exempt from CEQA.
Planning Commission Action – CA 26-03 Objective Design Standards April 8, 2026
Notice Furnished:
The item was published in the Orange County Register and notices were posted at City Hall and at the City’s website at www.fountainvalley.gov/AgendaCenter Alternatives:
1. Adopt Resolution No. 26-04 recommending the City Council approve a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approve Code Amendment No. 26-03 to implement and adopt residential and mixed-use objective design standards.
2. Continue the request and direct staff to prepare a resolution recommending denial.
3. Continue this request for additional information.
Recommended Action:
Adopt Alternative No. 1, recommending that the City Council approve a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approve Code Amendment No. 26-03 to implement and adopt residential and mixed-use objective design standards.
Prepared By: Omar Dadabhoy, Community Development Director / Deputy City Manager
Attachments: 1. Resolution No. 26-04
2. City Council Ordinance
3. Residential and Mixed-Use Objective Design Standards
ORDINANCE NO._____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY APPROVING CODE AMENDMENT (CA) 26-03 AMENDING
FOUNTAIN VALLEY MUNICIPAL CODE (FVMC) SECTION 21.18.130 TO ESTABLISH CITYWIDE OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY RESIDENTIAL AND RESIDENTIAL MIXED-USE DEVELOPMENT
PROJECTS
WHEREAS, Section 65589.5 of the California Government Code requires cities and counties to approve or deny eligible housing development projects based on objective regulatory standards; and
WHEREAS, between 2017 and 2023, Senate Bill (SB) 35, SB 6, SB 167, SB 330, and Assembly Bill 2011 were signed into law, which amended state law to incentivize the construction of housing development projects through various streamlined permit review processes. Per these legislative bills, existing subjective design standards and guidelines are no longer enforceable for eligible housing development projects; and WHEREAS, the City of Fountain Valley Community Development Department has initiated Code Amendment 26-03 (hereafter “CA 26-03”) to amend the FVMC by introducing Chapter 21.18.130 Residential and Mixed-Use Development Objective Design Standards; and
WHEREAS, to accompany the Multi-family Residential and Residential Mixed-Use Development Objective Design Standards, a Manual has been created which establishes reasonable, uniform, and comprehensive standards and procedures for multi-family residential and residential mixed-use development projects. This Manual is on file in the Community Development Department and is incorporated herein by this reference; and WHEREAS, the proposed CA conforms with the City of Fountain Valley General Plan and Zoning Ordinance; and
WHEREAS, CA 26-03 is considered a “project” as defined by the California Environmental Quality Act (CEQA); and
WHEREAS, pursuant to Article 5 of the CEQA Guidelines, the proposed project is covered by the General Rule Exemption [Section 15061(b)(3) of the CEQA Guidelines], for projects where it can be seen with certainty that the activity in question will have no significant effect on the environment; and
WHEREAS, the Fountain Valley Planning Commission considered the proposed CA 26-03 at a duly noticed public hearing on April 8, 2026, and by a vote of 5-0 recommended the City Council approve a Categorical exemption per CEQA and approve CA 26-03 to add FVMC Section 21.18.130 to create objective design standards for residential and mixed-use projects; and
WHEREAS, the proposed CA 26-03 has been publicly noticed in accordance with State Law and the Fountain Valley Municipal Code.
WHEREAS, on June 16th the City Council of the City of Fountain Valley considered information presented by the Community Development Department and other interested parties at a duly noticed public hearing; and
SECTION 1
The City Council finds that the adoption of CA 26-03 is exempt from the California Environmental Quality Act (“CEQA”) because it is an administrative activity that will not result in a direct or reasonably foreseeable indirect physical change to the environment and is thus not a "project" under State CEQA Guidelines 15378 (see State CEQA Guidelines, Section 15060(c)(2) and (3)). Alternatively, even if the adoption of CA 26-03 did qualify as a project under CEQA, it would be exempt from CEQA under State CEQA Guidelines Section 15061(b)(3), which provides that a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Adoption of CA 26-03 will not have a significant effect on the environment as it simply establishes objective design review standards for certain residential developments and remodels; it does not authorize any construction or development. Therefore, it is exempt from CEQA.
SECTION 2
The City Council finds that due notice of the public hearing on June 16, 2026, conducted in the City Council Chambers, 10200 Slater Avenue, Fountain Valley, was given as required by the Fountain Valley Municipal Code, Title 21, and the State of California. Public notice of this hearing and a copy of the City Council agenda were posted at City Hall, Recreation Center and the Fountain Valley Library.
SECTION 3
Pursuant to Fountain Valley Municipal Code section 21.34.050 the City Council does hereby find as follows:
1. The proposed code amendment is consistent with the City of Fountain Valley General Plan because it will provide regulations that promote the development of high-quality housing. Specifically, the code amendment meets several objectives, policies, and proposed programs/activities/actions specified in the General Plan Housing Element. Relevant sections of the Housing Element are listed below:
Goal 2, Policy 2.2: Promote and encourage the use of innovative construction methods, design standards, lot configurations, and energy conservation techniques that will facilitate the production of quality, affordable, and attractive new housing which varies in type, design, form of ownership, and size, and is compatible with abutting development.
Goal 6, Policy 6.4: Continue to require compliance with the Americans with Disabilities Act standards in all new residential developments and continue to enforce the building code provisions requiring accessible design
2. The proposed amendment would not be detrimental to the public convenience, health, interest, safety or welfare of the city. CA 26-03 would protect the public convenience, health, interest, safety and welfare by providing a set of clear, objective standards for design of residential and mixed-use projects without the need for subjective standards.
3. The proposed amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city’s environmental review procedures as addressed in Section 1, above.
4. The proposed amendment is internally consistent with other applicable provisions of Title 21. The residential and mixed-use objective design standards are consistent and do not conflict with any adopted development standards or regulation. They are complementary to, and not in conflict with existing standards.
SECTION 4
Section 21.18.130 is hereby added as follows:
21.18.130
(a) Purpose and Intent. The purpose of the objective development and design standards of this section is to provide the development community, design professionals, general public, and City personnel with objective criteria for eligible new multifamily and mixeduse residential development in the City. These criteria include, for example, objective standards related to site planning, building form, landscaping, and architectural design based on Fountain Valley’s character, aesthetics, and the quality of the built environment. Consistent with existing state law, objective standards are those that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and the public official prior to submittal.
The intent is to promote the construction of new housing and further City goals in yielding development projects that feature elevated design and architecture and foster an enhanced quality of life through the built environment. (b) Applicability and Review. The provisions of this Section apply to all new residential and mixed-use residential projects that qualify for streamlined ministerial review under state law. If a project is subject to development and design review and is not required by state law to be reviewed only against objective standards, it may be subject to these objective standards or other discretionary design review and findings.
(c) Relationship to Other Regulations. Eligible housing projects that qualify for streamlined ministerial review under state law must comply with these objective development and design standards and with all applicable development standards in the City’s regulatory documents, including but not limited to the Fountain Valley Municipal Code, and applicable Specific Plans. Where standards conflict, the more restrictive shall apply.
(d) Objective Development and Design Standards Manual. The City of Fountain Valley’s Objective Design Standards Manual (“the Manual”) is hereby adopted and incorporated by reference into this Section as if fully set forth herein. If a provision is inconsistent with state law, it does not impact any other standards. (1) Accessibility and Custody. The Manual shall be maintained as a City Council policy document and kept on file with the City of Fountain Valley Community Development Department (“Department”). Additionally, the Manual shall be made freely accessible to the public and shall be posted on the official City of Fountain Valley website.
(2) Amendments. The Manual may be amended in accordance with the following:
a. The Director may initiate amendments to the Manual. All proposed amendments shall be reviewed for compliance with state law and any amendment determined to be in violation of state law shall be rejected. b. If a change in state law renders an existing portion of the Manual noncompliant, state law will govern and the Director shall initiate an amendment to bring the Manual into compliance as expeditiously as possible.
c. No amendment to the Manual will be effective until it is approved by the City Council.
SECTION 5
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.
SECTION 6
The City Clerk shall certify to the adoption of this ordinance and cause it to be published as required by law. This ordinance shall become effective thirty (30) days after the date of its adoption.
PASSED, APPROVED AND ADOPTED THIS ___ DAY OF ____, 2026.
ATTEST:
________________________ ________________________
Rick Miller, City Clerk Jim Cunneen, Mayor
APPROVED AS TO FORM
HARPER & BURNS LLP
Attorneys for the City
City of Fountain Valley
Residential & Mixed-Use
Objective Design Standards
CITY OF FOUNTAIN VALLEY | CA
ADOPTED XX,XX,XXXX
ACKNOWLEDGMENT
Prepared for:
Prepared by:
Adopted by Ordinance: Month Day, Year
Chapter 1. Purpose........................................................................................5
1.1 Introduction ........................................................................6
1.2 Who Is This Document For? ................................................7
1.3 Where Do these Standards Apply? ..................................7
1.4 Document Organization ....................................................8
1.5 Administration......................................................................8
1.6 Multifamily and Mixed-Use Development Scale
Definitions..................................................................................10 Chapter 2. Single-Family ............................................................................11
2.1 Site Planning .......................................................................12
2.2 Mass and Scale..................................................................13
2.3 Materials and Details.........................................................14 Chapter 3. Multifamily.................................................................................16
3.1 Site Planning .......................................................................17
3.2 Open Space......................................................................26
3.3 Mass and Scale.................................................................31
3.4 Materials and Details........................................................41
TABLE OF CONTENTS
Chapter 4. Mixed-Use .................................................................................46
4.1 Vertical Mix of Uses ...........................................................47
4.2 Horizontal Mix of Uses .......................................................48 Chapter 5. Definitions ..................................................................................49
TABLE OF CONTENTS
1.0 1.1 Introduction
1.2 Who Is This Document For?
1.3 Where Do These Standards Apply?
1.4 Document Organization
1.5 Administration
1.6 Multifamily and Mixed-Use Development
Scale Definitions
PURPOSE
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
6 1.1 INTRODUCTION
SB 35
y A streamlined approval process for
housing projects with a specified
amount of affordable housing.
y Applies to jurisdictions that haven’t
made enough progress in meeting
their Regional Housing Needs
Allocation (RHNA).
y Applications must be for infill sites
and comply with existing General
Plan or Zoning provisions.
y Can only apply objective zoning,
subdivision, or design review
standards to determine consistency.
y https://www.hcd.ca.gov/policy
-research/docs/sb-35-guidelines
-update-final.pdf
Development and design standards regulate development intensity, style, size, and orientation. Objective design standards (ODS) are measurable, verifiable, and quantifiable, supporting consistent housing design in the community. Ultimately, the standards contained in this document will provide for a predictable and equitable path for new housing in the City of Fountain Valley.
The State of California continues to experience a housing crisis and the availability of and affordability of housing remains a key issue. This document provides the required, objective standards for housing development, streamlining design review and increasing transparency. Additionally, this document complies with Senate Bill (SB) 35 and SB 330, which requires jurisdictions to review new multifamily and mixed-use residential housing projects ministerially or “over-thecounter,” guided by objective design and development standards.
These new laws prevent cities from denying approvals for certain multifamily housing projects based on discretionary design guidelines.
This document provides clear and useful guidelines and standards for the design, construction, review, and approval of single-family residential, multi-family residential, and mixed-use development in Fountain Valley. With this document, applicants, developers, and City staff have a clear and concise reference for the City’s minimum design expectations. These standards are written as minimum standards for site and structure design but also offer various recommendations and guidelines for quality and character. However, this ODS document does not replace the City’s existing development standards. Proposed projects must also comply with all applicable building permit requirements, zoning code requirements, and other development standards found in the City of Fountain Valley’s Development Code.
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
7 1.2 WHO IS THIS DOCUMENT FOR? 1.3 WHERE DO THESE STANDARDS APPLY? Developers
The document provides clear direction for renovation and new construction. The required checklist serves as a tool for the property owner, the designer/developer, and staff during the review process; it also clarifies the aspects of quality design.
Property Owners
The document gives property owners a clear understanding of the design elements that are required for development projects in Fountain Valley. This document also works in conjunction with the General Plan and Fountain Valley Municipal Code and will provide a clear set of expectations and responsibilities.
City Staff
City staff use these standards to assist applicants and their representatives with project processing. The document and checklist serve as the basis for evaluating proposals for quality of design.
Review Bodies and Decision Makers
The document provides a basis for the City of Fountain Valley Planning Commission, City Council, Community Development Director, and other reviewing bodies to evaluate an application’s quality of design.
The City’s ODS apply to new construction for single-family, multi-family and mixed-use developments, as well as substantive renovations or structural alterations of such buildings (i.e. when fifty (50) percent or more of the exterior walls or roof are demolished as part of the renovation) on a single lot.
For developments spanning multiple lots, these standards apply to all lots proposed for multi-family housing, mixed-use developments, and any associated amenities, open space, or utilities that would serve multi-family or mixed-use units.
These standards do not apply to sites/parcels that include a designated historic structure and/or resource, or sites/parcels that include a contributing property within a designated historic district. Such sites/ parcels shall be reviewed under applicable historic resource design standards and guidelines, unless otherwise exempted from State Law.
Vacant sites or non-contributing properties within historic districts shall be subject to these standards.
These standards do not apply to minor renovations (i.e. when fifty (50) percent or less of the exterior walls or roof are demolished as part of the renovation) and routine maintenance of residential (single-family, multi-family, and mixed use) developments.
These standards are in addition to the standards of the underlying base zone. In the event of conflicting standards between these standards and the base zone, the more restrictive standard shall apply. For projects located in a Specific Plan, and if there is a conflict between the City’s ODS and the Specific Plan’s objective standards, the Specific Plan’s objective standards shall prevail. Proposed projects must also comply with all other applicable local and state ordinances and codes.
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
8 The Community Development Department shall be responsible for the administration of these objective design standards. If ambiguity arises concerning the meaning or appropriate application of provisions of these objective design standards, the Community Development Director shall make the appropriate determination.
A. DEVIATIONS
Up to twenty (20) percent deviations in Site Planning standards may be approved by the Community Development Director, provided that if one standard is modified to accommodate a project, another standard from the same section of these objective design standards is modified by an equivalent amount. A total of two (2) deviations from Site Planning standards are permitted.
Up to ten (10) percent deviations in Mass and Scale standards may be approved by the Community Development Director, provided that if one standard is modified to accommodate a project, another standard from the same section of these objective design standards is modified by an equivalent amount. A total of two (2) deviations from Mass and Scale standards are permitted.
1.4 DOCUMENT ORGANIZATION
Fountain Valley’s ODS act as a stand-alone illustrated document, empowered by appropriate reference within Fountain Valley’s Development Code. These standards have been designed in a modular fashion, with differing sets of standards applying to projects at a different scale. For instance, a small development would be subject to less complex standards, while a larger project would be subject to more intensive standards.
This document is organized in a site-focused manner. Single-family standards are discussed first, followed by multi-family standards, with mixed-use provisions located at the document’s end. Key site planning standards are discussed at the beginning of each section. These include site access, building orientation, pedestrian and vehicular circulation, mixing of uses, parking, and open space.
Specific standards pertaining to the structure’s architecture follow.
These include height modulation, horizontal modulation, transitional massing, as well as a building’s materials and details.
1.5 ADMINISTRATION
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
9 B. SPECIAL CIRCUMSTANCES
Sites located within, intersecting or adjacent to the following hazard areas/features may include up to twenty (20) percent deviation in the Site Planning and Mass and Scale Standards, as approved by the Community Development Director.
• Very High Fire Hazard Severity Zones
• Federal Emergency Management Act (FEMA) Special Flood Hazard Areas
• Adjacent to a Designated Historic Resource or Structure • Controlled Access Freeways, Parkways and Toll Roads
• Electrical Transmission Lines
• Railroad Tracks
• Easements, including flood control canals
C. DETERMINATIONS
In doing so, the Community Development Director shall consider the following factors accordingly:
a. The interpretation responds satisfactorily to the vision, intent, and purpose of the objective design standards;
b. The interpretation does not alter the intent of the objective design standards;
c. The decision constitutes a sound precedent for other similar situations; and
d. The resulting project is consistent with the General Plan.
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
10 1.6 MULTIFAMILY AND MIXED-USE
DEVELOPMENT SCALE DEFINITIONS
Development occurs at various scales and intensities and therefore requires variations to ensure that standards are both appropriate and do not create unnecessary constraints or unachievable development.
This section defines the different scales of development and how to use this document accordingly for each.
Table 1.1: Development Scales
Small Medium Large
Site
Size
Under 0.5- acres
and
0.5- acres
or
Larger than 2 acres
or
Unit
Count
2 - 25 units
and
26 - 100 units 100+ units
Height Up to 2 stories n/a n/a
In the event that a project includes criteria falling under two or more development scales, the project will be subject to the standards associated with the greater scale. For example, if a project is 3 stories and proposes 30 dwelling units, it would be classified as Medium Development. Alternatively, if a project is situated on 1.8 acres and proposes 108 dwelling units, it would be classified as Large Development.
Table 1.2: Applicability Chart for Multifamily & Mixed-Use Projects Type Topic Small Medium Large
Site
Planning
Site Layout X
Building Orientation X X X
Street Frontage X X X
Site Access X X X
Pedestrian Circulation X X X
Vehicular Circulation X X X
Open
Space
General X X X
Common Open Space X X X
Common Amenities X X X
Private Open Space X X X
Mass and
Scale
Modulation X X X
Height Modulation X X
Horizontal Modulation X X
Medium and Large X X
Materials
and Details
Materials X X X
Color and Texture X X X
Doors and Windows X X X
Mailboxes X X X
MixedUse
Vertical
Distribution of Uses X X X
Entrances X X X
Building Design X X X
Height Averaging X X X
Horizontal
Site Planning X X
Building Design X X
2.0 Standards outlined below only apply to new construction or substantial remodels fifty (50) percent or more of the existing walls and/or roof) of multifamily residences, as well as the residential component of a mixed-use project).
2.1 Site Planning
2.2 Mass and Scale
2.3 Materials and Details
SINGLE-FAMILY
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
12 Figure 2.1. Garage Frontage
2.1 SITE PLANNING
2.1.1 NEW DEVELOPMENTS
a. Doors and windows of new single-family dwellings shall not directly face doors and windows of dwellings within twenty (20) linear feet. This shall be accomplished through offset windows at least twelve (12) inches from any windows in adjacent buildings within twenty (20) feet.
b. New single-family homes shall feature front setbacks which vary by at least two (2) feet between adjacent residences, but which all meet the minimum front setback.
c. New developments shall be surrounded by a six (6) to seven (7) foot tall block wall, consisting of slplit-face or slump-stone block, replacing any existing non-masonry walls or fences surrounding the development.
2.1.2 GARAGE FRONTAGE
a. Where a garage is located on the front half of the lot and the garage door faces a street and the lot width is sixty (60) feet or less, the garage frontage including the door width shall not exceed thirty-three (33) feet.
b. Garage doors facing the street shall have articulating elements consisting of at least one (1) of the following design elements on the facade:
i. Raised planters with a minimum height of twelve (12) inches and landscaping with a mature height of at least twelve (12) inches along one or more sides of the driveway.
ii. A roof overhang of at least eighteen (18) inches in depth. iii. Windows.
iv. Decorative trellis.
v. Material change relative to materials used for the streetfacing facade.
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
13 2.2 MASS AND SCALE
Figure 2.2. General Massing
2.2.1 GENERAL MASSING
a. All street-facing building facades shall not run in a continuous plane of more than twenty-five (25) feet without one (1) or more of the following treatments:
i. Incorporate a change in wall plane with a minimum of four (4) feet in depth for the facade.
ii. Provide a recessed entry of at least three (3) feet in depth. iii. Use at least two (2) distinct materials and colors on each façade.
iv. Provide an upper story balcony or terrace.
2.2.2 UPPER STORY MASSING
a. The square footage of a second story above the first story shall have a maximum floor area that is no more than seventy (70) percent of the floor area of the first story.
i. First floor calculation shall include all interior living areas, 50% of interior staircases, attached garages, as well as partially enclosed outdoor living areas (patio covers) that are enclosed on two (2) sides, including the side attached to the house; the remaining open walls of the outdoor
living area are no more than 65% open to comply with
the California Building Code; and when the exterior wall material and color, and roofing material and color, match the rest of the house.
ii. The floor area of upper stories is inclusive of all interior living area with walls; the remaining 50% of interior staircases; porches, decks, and balconies that are covered by a
roof structure; and all cantilevered structures that extend beyond the first-floor footprint that do not extend to the ground, including but not limited to living area, roof decks, bay windows, chimneys, and staircases; as well as any
mezzanines, lofts, or other partial floor areas.
Figure 2.3. Upper Story Massing
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
14 2.3 MATERIALS AND DETAILS
Figure 2.7. Form Change
Figure 2.5. Ridgeline Change
Figure 2.8. Dormers
Figure 2.6. Cross Ridgeline
Figure 2.4. Material Variation
2.3.1 MATERIALS
a. All building façades shall be constructed with durable materials, such as natural stone, brick, siding, stucco, or similar materials that can withstand significant deterioration, decay, or discoloring due to wear or weathering. Materials that are short-lived or insubstantial, such as unfinished wood for exterior use, shall not be permitted.
b. All building facades shall feature at least two (2) materials, with at least twenty (20) percent of a building’s facades composed of the second material.
2.3.2 COLORS
a. Structures shall have at least one primary color and two accent colors, in addition to roof color.
b. Primary colors shall be utilized on a building’s facades. c. Accent colors shall be reserved for window and door frames, recesses and projections associated with windows and doors (such as balconies, bay windows, etc.), as well as other decorative trim and exterior architectural features.
2.3.3 ROOF TREATMENTS
a. Rooflines greater than forty (40) linear feet shall be articulated with at least one (1) of the following techniques:
i. Change in the height of the roof ridge and/or parapet; ii. Use of cross-gable and/or hipped roof lines;
iii. Change in the shape of the roof form;
iv. Change in the angle of the roof slope; or
v. Use of dormers. Note that no architectural features, windows, etc., are permitted above the second story
eave line.
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
15 2.3.4 PRIMARY ENTRY
a. The primary entry shall incorporate at least two (2) of the following architectural treatments:
i. Façade projection or recess with a minimum depth of
three (3) feet;
ii. Projecting element above the entrance with a minimum depth of twenty-four (24) inches;
iii. Window detailing;
iv. Decorative veneer or siding;
v. Porches or stoops; or
vi. Material and/or color variation.
2.3.5 LANDSCAPING
a. Landscaping shall adhere to Section 21.20.040 of the Fountain Valley Development Code.
2.3.6 FENCING
a. Fences, walls, screens, hedges and shrubs shall adhere to Section 21.18.070 of the Fountain Valley Development Code.
Figure 2.9. Primary Entry
3.0 3.1 Site Planning
3.2 Open Space
3.3 Mass and Scale
3.4 Materials and Details
MULTIFAMILY
Standards outlined below only apply to new construction or substantial remodels (fifty (50) percent or more of the existing walls and/or roof) of multifamily residences.
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
17 3.1.1 SITE LAYOUT
a. New development on parcels or aggregate sites larger than two and a half (2.5) acres in size shall be divided into multiple building pads. Such a division may be achieved by one (1) or more of the following methods:
i. Legal subdivision of the property; or
ii. Division by a public street(s); or
iii. Division by a private street(s); or
iv. Division by a private driveway(s); or
v. Division by pedestrian paseos.
Alignment of streets, driveways and/or pedestrian paseos shall, where applicable, extend existing street grid into the subject site.
b. For large projects, through lots greater than half (0.5) acres in area, and with more than seventy-five (75) feet of street frontage, and located more than two hundred (200) feet from a street intersection as measured from the closest point of the lot, shall provide a publicly accessible sidewalk or walkway connecting the two streets.
i. Paseos shall be physically and visually accessible from the public sidewalk and must connect a public street with
at least one (1) different public street, alley, or adjacent paseo.
ii. Paseos must have a minimum eight (8) feet wide travel path.
iii. Paseos must be at the same elevation as the public sidewalk.
iv. Security fences, walls, or entry gates shall not block passage of the paseo.
3.1 SITE PLANNING
Figure 3.2. Through Lots
Figure 3.1. Site Layout
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
18 3.1.2 BUILDING ORIENTATION
a. All buildings adjacent to a public street (meaning there are no additional buildings between the street and the proposed building) shall maintain a continuous “street wall,” formed by the edge of the building, for a minimum of seventy (70) percent of the building site frontage adjacent to the street. b. Primary ground-floor common entries or individual dwelling unit entries shall be oriented towards the primary street unless the primary street is an arterial or major arterial, and/ or a street with a right-of-way greater than one hundred (100) feet. Entrances at building corners may be used to satisfy this requirement.
c. All buildings within twenty (20) linear feet of an adjacent building within and outside of the project shall orient all windows, balconies, or similar openings so as not to have a direct line-of-sight into adjacent units or onto private patios or backyards. This can be accomplished through:
i. Offset windows at least twelve (12) inches from any
windows in adjacent buildings within twenty (20) feet; or ii. Use of clerestory windows, glass block, or opaque glass; or iii. Eight (8) foot high landscaping within the rear or side setback areas.
Figure 3.4. View Orientation
Figure 3.3. Continuous Street Wall
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
19 3.1.3 STREET FRONTAGE
a. Buildings located along a major arterial in which individual dwelling unit entries are not oriented towards the primary street, shall provide at least one (1) of the following:
i. Pedestrian level articulation using high quality materials (as defined in Definitions, at the end of this document). ii. Ground floor activation through leasing office, common space, gym/recreation room etc.
b. If individual dwelling unit entries are oriented towards an arterial, major arterial, and/or a street with a right-of-way greater than one hundred (100) feet, dwelling units entries shall meet at least two (2) of the following:
i. Be accessed through a courtyard with a minimum area of six hundred twenty-five (625) square feet with a minimum dimension of twenty-five (25) feet in each direction,
located between the unit entries and the sidewalk.
ii. Provide a minimum grade separation of two (2) feet from existing grade to finished floor.
iii. Provide an entry patio, with enclosure walls and/or railing.
The lower thirty (30) percent portion of enclosure wall and/ or railing shall be finished with an opaque material that matches the building.
iv. Be setback from the back of curb of twenty-five (25) feet.
Figure 3.5. Buildings with unit entries fronting an arterial street
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
20 3.1.4 PEDESTRIAN CIRCULATION
A. SITE ACCESS
a. Pedestrian entrances and circulation shall be adequately separated from vehicular traffic. Pedestrian entrances shall be clearly identified and easily accessible to minimize pedestrian/ vehicle conflict.
b. Where an intersection of pedestrian and vehicle access exists, enhanced paving treatment using patterned and/or colored pavers, brick, decorative colored concrete, stamped concrete, or permeable materials shall be used.
B. PEDESTRIAN CONNECTION
a. The following pedestrian walkways shall be provided and interconnected within the site:
i. Pedestrian walkways shall connect residential dwelling units to areas throughout the site, such as vehicle parking areas, bicycle parking areas, common open space(s),
waste and recycling enclosures, mailboxes, and other
amenities.
ii. Pedestrian walkways shall connect public sidewalks, building entrances, and vehicle parking areas, including auto courts and common courts.
iii. Pedestrian crossings bisecting vehicle access shall feature enhanced paving with a minimum width of six (6) feet and span the length of the intersecting drive area.
Figure 3.6. Vehicular Access
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
21 C. PEDESTRIAN WALKWAYS
a. Pedestrian walkways on private property shall be designed as follows:
i. Dimensions. Walkways shall be a minimum of four (4) feet wide.
ii. Materials. Walkways shall be constructed of firm and slipresistant materials, such as poured-in-place concrete (including stamped concrete), permeable paving, or
concrete pavers.
iii. Setback. Walkways shall be setback a minimum of five (5) feet from building facades, and two (2) feet from patios and porches. The setback area shall be landscaped.
iv. Seating. Walkways shall provide eighty (80) inches of seating for every one hundred fifty (150) feet of continuous pathways or walkways. This shall not apply for walkways shorter than one hundred fifty (150) feet. Figure 3.7. Pedestrian Walkways Figure 3.8. Example Seating
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
22 3.1.5 VEHICULAR CIRCULATION
A. PRIVATE STREETS
a. Private streets are internal streets with a pedestrian-oriented sidewalk condition with streetlights, street trees, and curbs. i. Private streets shall have a sidewalk with a minimum width of four (4) feet on at least one side of the street. The sidewalk must provide pedestrian streetlights, street trees, and curbs. Parallel parking is permitted along private
streets.
B. AUTO COURTS
a. Auto Courts provide vehicular access to multiple residences via a common driveway fronted with garages. Front doors to residences are not permitted on auto courts.
i. Auto courts shall not exceed one hundred fifty (150) feet in length.
ii. Auto courts shall not serve more than eight (8) individual residences.
iii. Primary pedestrian entrances are not permitted on auto courts.
iv. Auto courts shall have no through street access.
Figure 3.9. Private Streets
Figure 3.10. Auto Courts
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
23 C. COMMON COURTS
a. Common courts provide both vehicular and pedestrian
access to multiple residences. Front doors to residences and garages open to common courts.
i. Common courts shall not exceed one hundred fifty
(150) feet in length, unless provided with a connecting pedestrian access way.
ii. Common courts shall not serve more than eight (8)
individual residences, unless provided with a connecting pedestrian access way.
iii. Common courts shall be elevated a minimum of six (6) inches from street-level traffic.
iv. A minimum of fifty (50) percent of the paving shall be enhanced paving, such as patterned and/or colored
pavers, brick, decorative colored concrete, stamped
concrete, or permeable materials.
v. A minimum of five (5) percent of the common court shall be landscaped. Figure 3.11. Common Courts
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
24 3.1.6 PARKING
A. SURFACE PARKING
a. Parking shall be located to the rear or side of the primary building. There shall be no vehicular parking between primary building fronts and the public right-of-way. A deviation may be provided under special circumstances. See Administration. b. Carports
i. The rear and side walls of a carport shall feature the same colors and materials of the primary buildings.
ii. The covering of a carport shall feature the same roofing materials of the primary building. Figure 3.12. Example Carport
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
25 B. STRUCTURED PARKING
a. Ramps within the structure must be screened by spandrels or architectural treatments that create a level appearance from the exterior.
b. Pedestrian and vehicular entrances must be distinctly marked with signage and differentiated by color or material treatment that contrasts with the primary façade.
c. The parking structure must provide design details to reduce a monolithic appearance for all street-facing facades. This must include, at minimum, two (2) of the following methods:
i. Facades incorporating alternating projections and
recesses, at least two (2) feet in depth and two (2) feet in length, applied every eighty (80) feet horizontally, or for every level above the ground level.
ii. Vehicular and pedestrian entrances utilizing the
architectural elements of the adjacent buildings served by the parking structure.
iii. Elevators and covered stairwells which project at least five (5) feet from the edge of the ground level of the parking structure.
iv. Setting back the third level(s) and above at least five (5) feet from the edge of the ground level of the parking
structure.
Figure 3.13. Example Parking Structure
Figure 3.14. Parking Structure
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
26 3.2.1 GENERAL
Open space shall follow the provisions and requirements set forth in the Fountain Valley Municipal Code and the following shall apply.
3.2.2 COMMON OPEN SPACE
Common open spaces may be located on roofs, parking podiums, or at grade. If common open space is provided, it shall conform with the following standards:
a. Dimensions. Common open space shall have a minimum area of two hundred twenty-five (225) square feet with a minimum dimension of fifteen (15) feet in each direction.
a. Site furniture shall use graffiti-resistant materials and/or coatings and skateboard deterrents.
b. Distribution. No more than thirty (30) percent of common open space shall be provided in an enclosed structure with both roof and walls, or a conditioned space.
c. Location. Every unit shall be located within a quarter (1/4) mile walking distance of common open space.
3.2 OPEN SPACE
Figure 3.15. Common Open Space Size
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
27 A. OUTDOOR SPACE
a. Outdoor common space shall conform to the following
requirements:
i. Landscape. A minimum of twenty-five (25) percent of the total common open space shall be planted area with a
minimum dimension of thirty (30) inches in length, width, and depth.
ii. Softscape. A maximum of fifty (50) percent of the total common open space may be finished with decomposed
granite, gravel, natural stone, brick or concrete unit
pavers, and/or similar permeable ground surfacing. Water features, including swimming pools, may count towards
this requirement.
iii. Hardscape. A maximum of fifty (50) percent of the total common open space may be paved in standard concrete,
textured and colored concrete, and/or concrete with
exposed or special aggregate.
iv. Pedestrian walkways shall connect the common open
space to a public right-of-way or building entrance.
v. Parks shall provide a minimum of thirty (30) percent shade via trees or structures.
vi. Outdoor common open space areas shall not be directly adjacent to arterial streets, service areas, or commercial development to ensure that they are sheltered from the
noise and traffic of streets and incompatible uses, unless a minimum of ten (10) feet wide, dense landscaping is
provided as screening.
Figure 3.16. Example Outdoor Open Space
Figure 3.17. Example Outdoor Space Features
Figure 3.18. Example Outdoor Space
Landscape and Layout
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
28 3.2.3 COMMON AMENITIES
Table 3.1: Common Amenities
Number
of Units Option 1 Option 2 Option 3
11-20 1 major
amenity 1 minor amenity --
21-30 1 major
amenity 2 minor amenities --
31-50 2 major
amenities
1 major amenity, AND
2 minor amenities --
51-100 3 major
amenities
1 major amenity, AND
3 minor amenities
2 major amenities, AND
2 minor amenities
101-200 4 major
amenities
2 major amenity, AND
3 minor amenities
3 major amenities, AND
2 minor amenities
201-400 5 major
amenities
2 major amenities, AND
4 minor amenities
3 major amenities, AND
3 minor amenities
401+ 6 major
amenities
3 major amenities, AND
5 minor amenities
4 major amenities, AND
4 minor amenities
B. INTERIOR OPEN SPACE
a. Up to thirty (30) percent of the common open space may be accommodated in shared interior recreation spaces, such as lounges and gym/heath facilities.
b. Interior recreation space shall have a minimum floor to ceiling height of twelve (12) feet and have at least one (1) glazed exterior wall.
c. Interior open space shall have a minimum width of twenty (20) feet.
d. Storage areas, bike parking, and mail rooms shall not count as interior open space.
a. Common amenities shared by individual units within the same development shall be provided at the ratios in Table 3.1 below.
Major and minor amenities are described in Section 3.3. b. Project Phasing. For projects larger than 100 units, or phased projects, each phase of development shall comply with the respective requirements in Table 3.1, unless otherwise provided through an adopted development agreement.
i. For example, a 200 unit project with 4 phases, where each phase includes 50 units. Each phase shall include 2 major amenities, or 1 major amenity and 2 minor amenities.
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
29 A. MAJOR AMENITIES:
The following listed major amenities satisfy the common open space requirements. Repeating the same amenity twice will not satisfy the requirement; however, additional amenities are encouraged. For projects with more than four hundred (400) units, one amenity may be utilized twice to count as two (2) major amenities:
a. Park (minimum of fifty (50) percent of the area shall be landscaped) with a minimum area of seven hundred fifty
(750) square feet with a minimum area of one thousand (1000) square feet, plus an additional twenty five (25) square feet for every dwelling unit up to four hundred (400) units.
b. Clubhouse with a minimum interior area of seven hundred fifty (750) square feet, plus an additional three (3) square feet per dwelling unit, and with an associated exterior patio area directly adjacent and connected to the clubhouse with a minimum area of two hundred (200) square feet, plus an additional two (2) square feet per dwelling unit.
c. Rooftop terrace with a minimum area of seven hundred fifty (750) square feet, plus an additional five (5) square feet for every dwelling unit up to four hundred (400) units.
d. Swimming pool with a minimum dimension of fifteen (15) feet by thirty (30) feet or equal surface area, plus an additional one (1) square foot for every dwelling unit up to four hundred (400) units.
e. Gymnasium with a minimum area of six hundred twenty-five (625) square feet, plus an additional one (1) square foot for every dwelling unit up to four hundred (400) units.
f. Public-use easement or dedication of land for the purposes of expanding a city-wide open space network such as bike path or recreation corridor, as approved by the Director.
Figure 3.19. Example Major Amenity - Playground
Figure 3.20. Example Major Amenity - Rooftop
Figure 3.21. Example Major Amenity - Pool
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
30 B. MINOR AMENITIES:
The following listed minor amenities satisfy the common open space requirements. Each minor amenity may be utilized twice; further repeating the same amenity will not satisfy the requirement. a. Community room/lobby with a minimum area of five hundred (500) square feet.
b. Tennis, pickleball, basketball (half court and/or full court), or volleyball courts, or other recreational courts.
c. Children’s play area with a minimum area of six hundred twenty-five (625) square feet with a minimum dimension of twenty (20) feet in each direction. Children’s play areas shall be protected from any adjacent streets or parking lots with a fence or other barrier at least four feet in height.
i. Outdoor play areas shall provide a minimum of thirty (30) percent shade via trees or structures.
d. Courtyard with a minimum area of six hundred twenty-five (625) square feet.
e. Community garden with individual plots measuring at least five (5) feet by five (5) feet, with the number of plots being no fewer than twenty (20) percent of total units or thirty (30) total plots, whichever is less.
f. Fire pit surrounded with a minimum of four (4) seating with a minimum area of two hundred (200) square feet.
g. Dog park with a minimum dimension of six hundred twentyfive (625) square feet. h. Barbeque and picnic area with a minimum of two (2) grills with minimum seating for eight (8) with a minimum area of six hundred twenty-five (625) square feet.
i. Additional minor amenities may be approved by the Director.
Figure 3.22. Example Minor Amenity - Garden
Figure 3.23. Example Minor Amenity - Dog Park
Figure 3.24. Example Minor Amenity - Fire Pit
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
31 3.2.4 PRIVATE OPEN SPACE
A. BALCONIES
a. Private open space provided on a balcony shall have a minimum area of one hundred (100) square feet with a
minimum dimension of ten (10) feet in any direction. This dimension excludes areas for permanent equipment and
storage.
b. Private open spaces shall be contiguous to the units they serve and screened to a minimum height of forty-two (42) inches by use of walls and/or fences.
c. Balconies designed per the following standards may qualify as private open space:
i. All balconies utilized for required open space shall be recessed a minimum of twelve (12) inches partially recessed into the building façade. The maximum projection shall be fifty (50) percent of the balcony’s full depth or six (6) feet, whichever is less.
ii. The underside of projecting balconies shall be finished with building material that matches or is otherwise compatible with the building.
iii. No balconies shall overhang into the public right-of-way or sidewalk, not including the portion of the building setback behind the existing lot line.
iv. Balconies shall not overhang into the building setback. v. The lower thirty (30) percent portion of balcony rails shall be finished with an opaque material that matches or is
otherwise compatible with the building.
Figure 3.25. Balconies
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
32 B. PATIOS
a. Private open space located at the ground level shall have a minimum area of one hundred fifty (150) square feet with a minimum dimension of ten (10) feet in each direction.
b. Private open spaces shall be contiguous to the units they serve and screened to a minimum height of four (4) feet by use of walls and/or fences.
C. ROOF TERRACES
Private open space provided on a roof deck shall have a minimum area of one hundred (100) square feet with a minimum dimension of ten (10) feet in each direction. This dimension excludes areas for permanent equipment and storage. Figure 3.26. Example Patio Figure 3.27. Example Rooftop
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
33 3.3.1 MODULATION
Each public street-facing façade (not including alleys) for buildings three stories or greater shall achieve modulation through at least two (2) of the following:
a. Changes in façade materials, textures, and colors (Refer to Sections 3.4.1 - Materials, and 3.4.2 - Colors).
b. Changes in type, size, number, and arrangement of façade doors and windows, permitting no more than two different types, sizes, and arrangements of faced doors and windows per building (Refer to Section 3.4.3 - Doors and Windows). c. Use of functional and/or decorative horizontal façade projections or recesses at transition lines.
d. Changes in floor-to-floor heights at the second floor or above.
3.3 MASS AND SCALE
Figure 3.28. Recessed ground floor arcade,
utilized as a functional horizontal facade
recess.
Figure 3.29. Pilasters, utilized as a decorative
horizontal facade projection.
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
34 3.3.2 HEIGHT MODULATION
Buildings three (3) stories or greater shall incorporate at least one (1) of the following:
a. Stepback. Minimum depth of five (5) feet for at least seventyfive (75) percent of the façade of uppermost floor, measured from the primary façade plane; or
b. Roofline Variation. Variation in roof height and/or ridgeline of at least two (2) feet for every sixty (60) linear feet ; or c. Pitched roof variation. Use of dormers, cross-gable and/or hipped roof lines.
Figure 3.40. Roofline Variation
Figure 3.34. Stepback
Figure 3.32. Form Change Figure 3.35. Roofline Variation Figure 3.30. Ridgeline Change
Figure 3.33. Dormers
Figure 3.31. Cross Ridgeline
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
35 3.3.3 HORIZONTAL MODULATION
A. SMALL MULTIFAMILY DEVELOPMENTS
All design proposals shall comply with the following horizontal modulation standards:
a. The wall plane of street-facing façades shall be modulated a minimum of one (1) foot perpendicular to the plane at least once every fifty (50) feet, as measured along the lot line.
Façade area used to meet this standard may be recessed
behind, or project out from, the primary façade plane.
B. MEDIUM AND LARGE MULTIFAMIY DEVELOPMENTS
All design proposal shall comply with the following horizontal modulation standards:
a. For every fifty (50) feet of street-facing façade, a minor modulation of that is a minimum of one (1) foot deep and two (2) feet wide from the primary façade plane. Façade area used to meet this standard may be recessed behind, or project out from, the primary façade plane and may be in one continuous section or a combination of sections across the façade.
b. For every one hundred fifty (150) feet of street-facing façade, a minimum of one (1) major modulation shall be provided, in addition to the minor modulation required. The major modulation shall be at least two (2) deep and four (4) feet wide and extend from grade to highest story.
Figure 3.36. Horizontal Modulation
Figure 3.37. Bays and Alcoves used as Horizontal Modulation
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
36 3.3.4 ADDITIONAL STANDARDS FOR MEDIUM AND
LARGE MULTIFAMILY DEVELOPMENTS
A. TRANSITIONAL MASSING
a. The standards below apply to all buildings where the project site abuts or are located within one hundred fifty (150) feet of single-family residential neighborhoods, and/or historic structures.
i. Any required setback shall not count towards any required publicly accessible open space.
ii. All windows shall be offset at least twelve (12) inches from any windows in adjacent residential buildings and within twenty (20) linear feet to avoid direct line-of-sight.
iii. Within fifty (50) feet of a single-family zone, the front setback of a new multi-family or mixed-used development shall approximate the existing setbacks of the adjacent development, deviating up to five (5) feet.
iv. Within fifty (50) feet of an adjacent single-family zone, or a designated historic structure, the maximum height of
a new multi-family or mixed-used development shall be
thirty five (35) feet.
Figure 3.38. Adjacency to Single Family Structures
Figure 3.39. View Orientation
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
37 B. CORNER ELEMENTS
This applies to medium and large multifamily developments:
a. Buildings located on a major arterial, secondary arterial, and/ or street with a right-of-way greater than one hundred feet, and located at the visual termination of a street shall integrate at least two (2) of the following features centered on the terminating street centerline.
i. Massing element with a greater height than adjacent
building facades by a minimum of ten (10) feet for a
minimum of twenty (20) feet linear feet; or
ii. Massing element with a minimum of six (6) feet recess or projection from the primary façade with a minimum
of twenty (20) linear feet and extend from grade to the building height; or
iii. Primary building entry and enhanced canopies or awnings; or
iv. Color and material variation from the primary façade with a minimum of twenty (20) linear feet and extend from
grade to the building height; or
v. Open space or gathering areas with distinct paving or landscaping.
Figure 3.40. Corner Element
Figure 3.41. Example Corner Element
Figure 3.42. Corner Courtyard
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
38 C. TERMINATING VISTAS
This applies to medium and large multifamily developments:
a. Buildings located on a major arterial, secondary arterial, and/ or street with a right-of-way greater than one hundred feet, and located at the visual termination of a street shall integrate at least two (2) of the following features centered on the terminating street centerline.
i. Massing element with a greater height than adjacent
building facades by a minimum of ten (10) feet for a
minimum of twenty (20) feet linear feet; or
ii. Massing element with a minimum of six (6) feet recess or projection from the primary façade with a minimum
of twenty (20) linear feet and extend from grade to the building height; or
iii. Primary building entry and enhanced canopies or awnings; or
iv. Color and material variation from the primary façade with a minimum of twenty (20) linear feet and extend from
grade to the building height.
Figure 3.43. Terminating Vista
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
39 D. WALKWAY OPENINGS
If walkway openings through buildings, connecting sidewalk with interior courts and/or open spaces are provided, it must conform to the following standards:
a. For buildings three stories or less in height, the walkway opening must have at least ten (10) feet of height clearance from ground to ceiling.
b. For buildings taller than three stories, the height of a covered walkway must be a minimum of twenty (20) feet.
c. A pedestrian bridge or private or public common space may be located twelve (12) feet or higher above ground level. It shall be a maximum of fifteen (15) feet wide and be set back a minimum of three (3) feet from the primary building façade.
It shall be open to the air or have ninety (90) percent façade glazing.
Figure 3.44. Walkway Opening with buildings 3 stories or less Figure 3.45. Walkway Opening or Pedestrian Bridge
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
40 3.3.5 HEIGHT AVERAGING
a. For projects with buildings greater than forty (40) feet, up to thirty (30) percent of the building footprint area may be up to twelve (12) feet taller than the maximum height allowed, provided an equal amount of building footprint area is at least twelve (12) feet shorter than the maximum allowed height.
For projects with multiple buildings, up to thirty (30) percent of the buildings may be up to twelve (12) feet taller than the maximum height allowed, provided an equal number
of buildings are at least twelve (12) feet shorter than the maximum allowed height.
i. Height averaging shall not be permitted when it increases the height of a structure that is adjacent to a property that contains a sensitive structure or use, unless the height that is above the maximum is distanced from the sensitive structure or use by a ratio of one and a half (1.5) times the proposed height. Sensitive uses shall include an historic structure, single family residence, single family zone, solar panels, or open space amenity.
b. The use of height averaging to lower a structure’s height is encouraged when it is adjacent to sensitive structures or uses.
Figure 3.46. Height Averaging
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
41 3.4.1 MATERIALS
All materials for new projects and facade remodels shall conform to the following standards:
a. All building façades, including alley-facing elevations, shall be treated equally with durable materials, such as natural stone, brick, siding, precast concrete, and factory-finished metal panels (heavy gauge only), or similar materials that can withstand significant deterioration, decay, or discoloring due to wear or weathering. Materials that are short-lived or insubstantial, such as unfinished wood for exterior use, shall not be permitted.
b. Materials and texture variations shall distinguish a building’s base, and/or middle, and/or top.
i. If a distinct building base is provided (extending from at least the ground to the ceiling of the ground floor), the building’s middle and top may feature the same materials and textures.
ii. If a distinct building top is provided (extending up from the floorplate of the uppermost habitable floor), the building’s base and middle may feature the same materials and
textures.
iii. No more than fifty (50) percent of a building’s façades may feature materials, colors and textures which extend uninterrupted from the ground to the roofline.
3.4 MATERIALS AND DETAILS
Figure 3.47. Building Materials
Figure 3.48. Example Material Variation
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
42 c. Changes in material or color shall occur at inside corners of intersecting walls or at exterior architectural features that break up the wall plane, such as columns.
d. All street-facing façade(s) of buildings over thirty (30) feet in height shall feature a contrasting material finish applied to at least sixty (60) percent of either the ground level or the topmost level façade surface (for example stone veneer
versus stucco). This requirement may also be met with an equivalent numerical balance applied to both ground
level and uppermost level facades (for example, half the ground floor and half the upper floor). For the purposes of this requirement, window glazing is considered a contrasting material.
e. If employed on stucco facades, expansion joints shall reinforce the grid pattern created by window and door openings by aligning with:
i. Window and/or door jambs, sills, and/or headers; or
ii. The centerlines of windows and/or doors; or
iii. Wall breaks such as recesses and/or soffits created by balcony openings.
Figure 3.49. Material Variation
Figure 3.50. Example Expansion Joint Alignment
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
43 3.4.2 COLOR AND TEXTURE
All new development and façade remodels that require building permits shall comply with the following design standards:
a. All building façades facing a street or public open space shall be articulated for at least eighty (80) percent of each façade length. All other building façades shall be articulated for at least sixty (60) percent of each façade length. Façade articulation shall be achieved through at least four (4) of the following architectural elements:
i. Minimum of three (3) material variations including
contrasting accent colors for doors, awnings, etc.; or
ii. Minimum of two (2) window types and/or size variation; or iii. Window details such as moldings, decorative trim, and wood frames; or
iv. Balconies and/or porches; or
v. Decorative light fixtures; or
vi. Decorative attic/gable vent; or
vii. Decorative moldings and/or cornices; or
viii. Trellis and/or arbor structures.
Figure 3.51. Color and Texture
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
44 b. Color Schemes – Single Structure
i. Structures shall have at least two primary colors and two accent colors, in addition to roof color.
ii. Structures shall have a maximum of three primary colors and four accent colors, in addition to roof color.
iii. Primary colors shall be utilized on a building’s facades iv. Accent colors shall be reserved for window and door frames, recesses and projections associated with windows and doors (such as balconies, bay windows, etc.),
expansion joints, plane brakes, material breaks, as well as other decorative trim and exterior architectural features. c. Color Schemes – Multiple Buildings
i. Residential developments between three (3) and nine (9) habitable buildings shall provide a minimum of two distinct color schemes. A single color scheme shall be dedicated to no less than thirty (30) percent of all residential buildings. ii. Residential developments with ten (10) or more habitable buildings shall provide a minimum of three distinct color schemes. A single color scheme shall be dedicated to no less than thirty (30) percent of all residential buildings. d. Portions of a facade without a window, balcony, ground floor windows, and/or doorways for at least thirty (30) feet in any direction shall feature at least one (1) of the following design treatments:
i. Architectural treatments (such as trellises, screens, or changes in materials) that cover at least fifty (50) percent of the blank façades surface.
ii. Vertical landscaping treatments that cover at least fifty (50) percent of the blank façade surface.
Figure 3.52. Blank Façades Treatment
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
45 3.4.3 DOORS AND WINDOWS
a. All windows shall be offset at least two (2) feet from any windows in adjacent buildings within twenty (20) linear feet to avoid direct line-of-sight, and one (1) foot from any windows more than twenty (20) linear feet away.
b. All windows shall either be recessed at least three (3) inches from the plane of the surrounding exterior wall or shall have a trim or windowsill at least one (1) inch in depth.
i. When trim is used, a minimum of one (1) inch by four (4) inch trim is required.
ii. With stucco walls, a minimum of one (1) inch deep, raised relief around the window is required.
iii. With brick, a minimum two (2) inch wide brickmold is required around windows.
c. All windows facing a public street shall feature at least two (2) of the following treatments:
i. Variation in window types and/or sizes; or
ii. Moldings; or
iii. Wood frames; or
iv. Decorative trim; or
v. Shutters.
3.4.4 MAILBOXES
d. Mailboxes shall be located in a highly visible location within one block of the residential units.
e. A bench and/or seating area and a trash receptacle shall be located adjacent to the mailboxes. Figure 3.54. Example Mailboxes Figure 3.53. Recessed Doors and Windows
4.0 MIXED-USE
4.1 Vertical Mix of Uses
4.2 Horizontal Mix of Uses
Standards outlined below only apply to the new construction of mixed-use developments, or the substantial remodel
and expansion fifty (50) percent or more of the existing walls and/or roof) of existing mixed-use developments.
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
47 4.1 VERTICAL MIX OF USES
Figure 4.1. Common Lobby
4.1.1 DISTRIBUTION OF USES
a. A minimum of fifty (50) percent of a vertical mixed-use building’s commercial or office components shall be located on the ground floor.
b. A maximum of thirty (30) percent of a vertical mixed-use building’s residential units may be located on the ground floor.
4.1.2 ENTRANCES
a. Entrances to upper floor uses shall be provided through a common lobby entrance and/or by a common entrance
along a façade fronting a street.
b. All ground floor tenant spaces that have street frontage shall have entrances on a façade fronting a street.
c. There shall be a ground-floor entrance to either a commercial, residential, or open space use every fifty (50) feet along the building’s street-facing frontages.
d. Structures with multiple commercial tenant spaces shall feature modulated entrances for at least half of its tenant entrances. A modulated entrance must be recessed by a
minimum of three (3) feet deep, or projected at least three (3) feet out. These modulations may be combined with other modulation requirements.
4.1.3 BUILDING DESIGN
a. Service entries, loading areas, and trash areas associated with commercial uses shall not be immediately adjacent to residential uses.
b. The windows, doors, and other access points of commercial uses shall be oriented so as not to have a direct line-of-sight into residential uses.
Figure 4.2. Commercial Entrances
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
48 4.2 HORIZONTAL MIX OF USES
Figure 4.3. Horizontal Mix of Uses
4.2.1 SITE PLANNING
a. Commercial buildings shall face public streets and engage the sidewalk.
b. Residential uses shall be located at the rear or sides of the site. c. Parking for commercial uses shall be located at the center of the site, allowing the parking to provide a buffer from on-site residential uses and maximize shared parking opportunities between residential and commercial uses.
d. If provided, dedicated private residential parking areas shall be located away from public commercial parking with a
dedicated entrance.
e. The commercial, residential, and open space areas of a horizontal mixed use project shall be connected via internal pathways.
f. Common residential open space as part of a horizontal mixeduse project shall not be publicly-accessible.
4.2.2 BUILDING DESIGN
a. Service entries, loading areas, and trash areas associated with commercial uses shall not be immediately adjacent to residential uses.
b. The windows, doors, and other access points of commercial uses shall be oriented so as not to have a direct line-of-sight into residential uses.
5.0 DEFINITIONS
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
50 Alley. A public or private roadway, generally not more than thirty feet wide that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation
Articulation. The process of stepping and recessing external walls of a building in plan and in section. This process essentially creates more corners and edges to a building, which reduces the potential for the presentation of large expanses of blank walls.
Awning. An architectural fabric or metal projection that provides weather protection, building identity, or decoration, and is wholly supported by the building to which it is attached.
An awning consists of a lightweight frame structure over which a cover is attached.
Block. All property fronting upon one side of a street between intersecting and intercepting streets, or between a street and a waterway, dead end street, park, or city boundary. An intercepting street shall determine only the boundary of the block on the side of a street which it intercepts.
Building Mass (Massing). Mass refers to the general shape and form as well as size of a building.
Carport. An attached or detached accessory structure
enclosed on no more than two sides.
Clerestory Windows. Vertical windows placed high on a wall, often above eye level.
Commercial Use. A non-residential use such as retail, service, automotive, medical, food service, hospitality, and office uses.
Corner Element. A distinct architectural treatment, expressed through a change in form, mass, decoration, or any combination thereof, located on the corner of a building.
Cornice. A horizontal moulding projecting along the top of a wall, building, etc.
Courtyard. An extent of open ground partially or completely enclosed by walls or buildings.
Detail. An element of a building such as trim, moldings, other ornamentation or decorative features.
Dome. A rounded roof or vault, usually built in the form of a hemisphere.
Dormer. A structure projecting from a sloping roof, usually housing a vertical window in a small gable or a ventilating louver.
Driveway. A paved area of a lot located between the public right-of-way and the garage, carport, or required parking space designed and intended as an access way between a
private or public road and the garage, carport, or required parking space.
Driveway, Primary. A driveway providing both ingress and egress from a property.
Driveway, Secondary. A driveway providing either ingress or egress from a property.
Dwelling. A room or group of internally connected rooms that have sleeping, cooking, eating and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.
Easement. A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation or another person or entity.
Elevation. An orthographic view of the vertical features of a building (front, rear, side, interior elevation).
5.1 DEFINITIONS
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
51 Exterior Architectural Feature. The architectural elements embodying style, design, general arrangement and
components of all of the outer surfaces of an improvement, including, but not limited to, the kind, color and texture of the building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement.
Façade. The entire exterior side of a building; especially the architectural front, sometimes distinguished from the other sides by elaboration of architectural or ornamental details.
Fenestration. The stylistic arrangement of windows in a building.
Frontage or Fronting. the portion of a parcel which abuts a street right-of-way.
Gable Roof. A roof having a gable at one or both ends; a roof sloping downward in two opposite directions from a central ridge, forming a gable at each end.
Garage. An attached or detached accessory structure with a door, enclosed on at least three sides.
Glass Blocks. Thick blocks of glass, typically hollow, used as a building material.
Glass, Opaque. Glass that blocks the passage of light.
Hardscape. The non-living, structural elements of a landscape, such as patios, walkways, direways, and decks.
High-Quality Materials. Treated wood, stone, brick, stucco, fiber cement or other cementitious material, or composite wood or stone, with no unfinished edges.
Hipped Roof. A roof that slopes upward from all four sides of a building, requiring a hip rafter at each corner.
Lot. A recorded lot or parcel of real property under single ownership, lawfully created as required by the Subdivision Map Act and city ordinances, including this title. Types of lots include the following.
Lot Line. Any recorded boundary of a lot.
Maintenance. The work of keeping something in proper
condition; upkeep.
Mixed-Use. A project allowing for a combination of residential and nonresidential uses in a single Building Site.
Mixed-Use, Horizontal. A project allowing for a combination of residential and nonresidential uses on separate portions of a single Building Site.
Mixed-Use, Vertical. A project allowing for a combination of residential and nonresidential uses in the same building, typically with Commercial Uses on the ground floor, and residential dwellings above.
Modulation, Major. An articulation which extends from the ground level to roofline of a building.
Modulation, Minor. An articulation which does not extend from the ground level to the roofline.
Multi-family dwelling(s). A building or a portion of a building used and/or designed as residences for three or more families living independently of each other. Includes: triplexes, fourplexes (buildings under one ownership with three or four dwelling units, respectively, in the same structure) and apartments (five or more units under one ownership in a single building); townhouse developments (three or more attached single-family dwellings where no unit is located over another unit) and senior citizen multi-family housing.
Parapet. A retaining wall at the edge of a roof, porch, or
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
52 terrace.
Parcel. See Lot.
Parking. To put or leave (a vehicle) for a time in a certain location.
Pedestrian Paseos. Landscaped passageways that serve as midblock crossings and may additionally provide access to interior courtyards.
Rooflines. Various forms to a roof, such as pitch, ridge, hip, etc., often at different angles.
Setback. The distance a building is recessed from the property line, curb of the street, or the edge of the sidewalk.
Shade Trees. A twenty-four (24) inch box tree or larger.
Shutter. Each of a pair of hinged panels, often louvered, fixed inside or outside a window that can be closed for security or privacy or to keep out light.
Sidewalk. A paved walkway along the side of a street.
Sill. The horizontal exterior member at the bottom of a window or door opening, usually sloped away from the bottom of the window or door for drainage of water and overhanging the wall below.
Site. A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use.
Softscape. The living elements of a landscape, primarily plants, such as trees, shrubs, flowers, grass, groundcover, and mulch.
Spire. A tall, pointed structure on top of a building.
Stepback. The recessing of the upper part of the façade due to the smaller area of the upper floors.
Street. A public thoroughfare accepted by the city, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley
Structure. Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground.
Terminating vista. In urban design, a terminating vista is a building or monument that stands at the end or in the middle of a road, so that when one is looking up the street.
Yard. An area between a lot line and a setback, unobstructed and unoccupied from the ground upward, except for
projections.
RESIDENTIAL & MIXED-USE
OBJECTIVE DESIGN STANDARDS
City of Fountain Valley | CA
Adopted Month Day, Year
53
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 16, 2026
Members of the City Council
SUBJECT: Public Hearing and Introduction of: Code Amendment 24-01 (CA 24-01), Precise Plan 581 (PP 581), and Mitigated Negative Declaration and Mitigation Monitoring Reporting Plan for the MemorialCare Orange Coast Medical Center Parking Structure Project on a 2.2-acre property located at the southwest corner of Talbert Avenue and Foster Street.
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☒ Not applicable
EXECUTIVE SUMMARY
MemorialCare Orange Coast Medical Center (OCMC), represented by Hunsaker & Associates, is requesting approval of Code Amendment (CA 24-01) to modify the Orange Coast Memorial Medical Center Specific Plan (OCMMC), Precise Plan (PP 581) for the construction of a standalone parking facility, along with the adoption of a Mitigated Negative Declaration (MND) and a Mitigation Monitoring and Reporting Program (MMRP) for the OCMC Parking Structure Project.
The proposed project would redevelop the existing 231-space surface parking lot, known as the Foster Lot, located at the southwest corner of Talbert Avenue and Foster Street with a new employee and physician-only parking structure containing 784 parking spaces.
The freestanding structure would include one (1) subterranean parking level, three (3) covered parking levels, and a rooftop parking level, for a total of five (5) levels. A thirdlevel pedestrian bridge is proposed crossing above Foster Street connecting to an elevator tower on the main hospital campus. The parking structure would be approximately 36 feet in height to the rooftop parapet, with an elevator tower under 42 feet in height.
The project is intended to address the documented parking deficiencies at the OCMC campus, improve parking organization, and support the ongoing operations of the existing
Council Action Request
MemorialCare – Orange Coast Medical Center Parking Structure City Council Meeting: June 16, 2026
medical center. The parking study prepared for the project, included as Attachment 8 in the April 22, 2026, Planning Commission Staff Report, concluded that the proposed structure would create sufficient parking supply to meet campus demand. The Vehicle Miles Traveled (VMT) screening analysis, also included with the Planning Commission staff report, further concludes that the project would have a less-than-significant transportation impact on the environment because it serves the existing hospital operations and does not introduce a new trip-generating land use.
The Planning Commission held a duly noticed public hearing on April 22, 2026, and by a 5-0 vote, recommended that the City Council adopt CA 24-01 and approve the MND and MMRP. The Commission also approved PP 581, subject to the City Council action on the specific plan amendment (CA 24-01) and environmental documents (MND & MMRP).
Actions Requiring City Council Approval
Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) for the project per California Environmental Quality Act (CEQA) Guidelines Section 15074 to ensure the project’s environmental impacts are adequately addressed and monitored (Attachment 1).
Code Amendment (CA) 24-01 to amend the Orange Coast Memorial Medical Center Specific Plan to permit the construction of a freestanding parking structure in Planning Area 3 of the OCMC. The proposed amendment updates the specific plan's text, exhibits, and site utilization tables to reflect current campus conditions and the proposed parking structure. The amendment further modifies the development standards for Planning Area 3 by allowing a parking structure use, reducing the setback along Talbert Avenue from 50 feet to 20 feet, increasing the maximum building height to 40 feet, and permitting elevator towers, lighting, and solar panel features up to 52 feet. The amendment also updates parking ratio requirements for certain medical land uses consistent with the project's parking study and Chapter 21.22 of the Fountain Valley Municipal Code (FVMC)(Attachment 2).
Staff recommends the City Council conduct a public hearing and introduce the ordinance to adopt CA 24-01 and adopt a resolution approving an MND and MMRP for the MemorialCare Orange Coast Medical Center Parking Structure Project.
DISCUSSION
Location and Setting
The project site is an existing 2.2-acre surface parking lot, known as the Foster Lot, located at the southwest corner of Talbert Avenue and Foster Street. The lot is physically separated from the main OCMC campus by Foster Street and currently contains 231 surface parking spaces for employees, physicians, patients, and guests of OCMC.
The broader OCMC campus spans approximately 15.5 acres at the southwest corner of Talbert Avenue and Brookhurst Street and includes five (5) primary buildings: Orange
Council Action Request
MemorialCare – Orange Coast Medical Center Parking Structure City Council Meeting: June 16, 2026
Coast Memorial Hospital at 9920 Talbert Avenue, the Patient Care Pavilion at 18111 Brookhurst Street, and three medical office buildings at 18035 Brookhurst Street, 9900 Talbert Avenue, and 9940 Talbert Avenue. Together, these buildings total approximately 465,318 square feet of gross floor area devoted to hospital, medical office, administrative, imaging, laboratory, and related support functions.
The campus is bordered by Talbert Avenue to the north, Brookhurst Street to the east, the Mariposa Plaza commercial center to the south, the Mariposa residential townhome community to the south and southwest and detached single-family residences along Lemon Street to the west. More specifically, the Foster Lot is bordered by Talbert Avenue to the north, Foster Street to the east, the Mariposa residential community to the south, and the rear yards of the single-family residential properties to the west along Lemon Street.
PROJECT DESCRIPTION
The proposed project would demolish the existing Foster Lot surface parking lot, consisting of 231 parking spaces, and construct a freestanding parking structure with 784 parking spaces dedicated to employees and physicians of OCMC only, with no visitor parking (Attachment 3). The proposed structure includes one (1) subterranean parking level, three (3) covered parking levels, and a rooftop parking level, for a total of five (5) parking levels. The proposal also includes a pedestrian bridge on the third level crossing above Foster Street, connecting the parking structure to a freestanding elevator and staircase tower on the OCMC campus, on the east side of Foster Street. The parking structure height would be approximately 36 feet 2 inches measured to the rooftop parapet.
The parking structure elevator tower height would be approximately 41 feet 10 inches, and the pedestrian bridge elevator tower on the east side of Foster Street would be approximately 37 feet 8 inches tall (Attachment 4).
Vehicular access to the structure would be modified from the current full-access driveway on Foster Street and a right-in/right-out Talbert Avenue driveway to a two-lane gated entry-only driveway on Foster Street and a gated right-turn exit-only driveway on Talbert Avenue. The project also includes pedestrian access locations at grade and via the proposed pedestrian bridge.
To accommodate the bridge and elevator improvements, three (3) existing parking spaces adjacent to the 9900 Talbert Avenue medical office building will need to be removed.
Applicant Revisions and Design Changes
The original application proposed a larger structure with 862 parking spaces and a gross floor area of approximately 308,737 square feet. Following neighborhood outreach and public feedback, the project was revised and resubmitted on November 25, 2025.
The revised design reduced the proposed structure by 78 spaces to 784 parking spaces and approximately 293,323 square feet, while incorporating design changes intended to reduce visual and neighborhood impacts, including:
Council Action Request
MemorialCare – Orange Coast Medical Center Parking Structure City Council Meeting: June 16, 2026
Stepped-back massing along the western edge adjacent to single-family homes on Lemon Street
Increased upper-level setbacks from the west property line - from 18 feet to 38 feet (second and third level) and 64 feet (rooftop level) Removal of upper-level head-in parking stalls along the western edge Relocation of the northwest stair tower to reduce direct views into rear yards along western edge
Expanded landscaped buffer along the west side
Circulation controls designed to discourage employee access through residential streets – prohibiting left-turn entries from northbound Foster Street.
Background and Prior Entitlements
The OCMC campus has a long planning history in the City of Fountain Valley, which was originally established in 1986 as FHP Hospital. In 1996, Memorial Health Services acquired the hospital and changed its name to Orange Coast Memorial Medical Center.
Then in 2007, the City Council formally adopted the OCMMC Specific Plan that was included with the approvals for the six-story, 80-foot-tall Patient Care Pavilion (PCP) building at 18111 Brookhurst Street.
The 2007 approvals allowed the construction of the existing PCP building and the 2012 emergency department expansion. The 2007 approvals also recognized parking demand as a central issue for campus operations and required ongoing parking management, monitoring, and contingency planning.
Subsequent Planning Commission and City Council actions have addressed parking operations, valet circulation, emergency room expansion, and temporary parking solutions, including the use of the Mariposa Plaza parking spaces under a restrictive covenant to help address OCMC’s parking demand.
The current proposal should therefore be understood as part of a longstanding effort to address campus parking deficiency and operational constraints identified in prior approvals for development at OCMC.
CODE AMENDMENT NO. 24-01
The proposed Code Amendment (CA 24-01) would revise the Orange Coast Memorial Medical Center Specific Plan to allow for the development of a freestanding parking structure on the existing Foster Lot to support hospital operations.
The CA would update the specific plan text and exhibits to reflect both current campus conditions and the proposed parking structure project. It would also revise the existing and proposed site utilization tables to accurately reflect current development on the OCMC campus and the planned improvements associated with the parking structure project. Additional changes include:
• Modification to development standard in Section 4.4.1.2 - Planning Area 3 to allow a parking structure use.
Council Action Request
MemorialCare – Orange Coast Medical Center Parking Structure City Council Meeting: June 16, 2026
• Modification to Section 4.4.2.1 - Building Setbacks to modify the required Talbert Avenue building setback (50-foot setback) to allow a parking structure with a 20- foot minimum setback from Talbert Avenue.
• Modification to Section 4.4.2.3 - Maximum Building Height to allow a parking structure with a maximum building height of 40 feet and elevator tower, lighting and solar panel elements up to 52 feet in Planning Area 3. • Modifications to specific plan exhibits: removing the area labeled Potential Future Development Area from Exhibits 4, 5, and 6 from the OCMC Specific Plan.
The CA would also revise the parking standards in Section 4.4.2.11 - Parking and Access, to modify required parking ratios for medical/dental offices, hospital services, and medical/dental labs. These revised parking ratios are reflected in the project's parking study dated November 25, 2025, and are intended to align the OCMC Specific Plan with Chapter 21.22 (Parking and Loading) of the Fountain Valley Municipal Code (FVMC).
The amendment to the specific plan is necessary because the existing OCMC Specific Plan contemplated future expansion of the existing parking structure rather than construction of a new freestanding structure at the Foster Lot. The proposed CA provides the necessary regulatory framework to allow construction and operation of the proposed parking structure.
PRECISE PLAN NO. 581
The Planning Commission approved PP 581 on April 22, 2026, subject to City Council action on the specific plan amendment (CA 24-01) and associated CEQA documents (MND & MMRP). The approved PP 581 entitles the design and construction of the proposed freestanding parking structure in Planning Area 3 of the OCMC Specific Plan.
The project site is currently developed as a 2.2-acre surface parking lot with 231 parking spaces. The project proposes the demolition of the existing surface lot and construction of a 3-story, 5-level freestanding parking structure providing up to 784 parking spaces for OCMC hospital operations, including a third-level pedestrian bridge across Foster Street connecting to the OCMC campus. Table 1 below provides a breakdown of the proposed structure size by floor and Table 2 provides setback information:
Table 1:
Structure Level Parking Spaces Floor Area
Basement Level 176 74,492 sq. ft.*
First Floor (Ground Level) 162 59,318 sq. ft.
Second Floor 160 56,115 sq. ft.
Third Floor & Pedestrian Bridge 160 56,115 sq. ft.
Rooftop Level (rooftop) 126 45,637 sq. ft.
784 293,323 sq. ft.
* 9,800 sq. ft. Storage at Basement Level
Council Action Request
MemorialCare – Orange Coast Medical Center Parking Structure City Council Meeting: June 16, 2026
Table 2:
Parking Structure Setbacks to Streets and Adjacent Residential Properties Talbert Avenue 23 feet – 8 inches
Foster Street 17 feet – 3 inches
West – Adjacent to rear yards
of R1 single-family homes on
Lemon Street
18 feet – First Level – (at grade)
36 feet – Second & Third Level
64 feet – Rooftop Level at 32 feet 8 inches above grade South – Adjacent to Mariposa
Townhomes
66 feet – 4 inches
PP 581 – PROJECT HIGHLIGHTS
Changes from the Original Proposal
The original submittal proposed 862 parking spaces and 308,737 sq. ft. The revised submittal reduced the project to 784 spaces and 293,323 sq. ft. The redesign was in response to the community feedback by reducing mass and increasing setbacks adjacent to homes to the west.
Residential Buffer and Privacy Enhancements
Terraced massing: The structure was redesigned with a stepped-back western elevation on the 2nd and 3rd levels to reduce visual bulk near residences to the west, also the rooftop level was moved farther from the west property line to 64 feet from the west.
Privacy protections: Head-in parking spaces were removed from the upper western edges and areas will function only as internal circulation aisles. Stair tower relocation: The northwest stairway was shifted farther east to reduce direct views into adjacent rear yards to the west along Lemon Street. Expanded landscaping: The landscape buffer along the west side was widened the existing 13 feet to 18 feet.
Traffic and Circulation Features
Neighborhood traffic control: Left turns from northbound Foster Street into the structure would be prohibited.
Traffic deterrent features: The project includes "No Left Turn" signage and a driveway entrance redesigned to discourage cut-through traffic from northbound Foster Street.
Primary entrance: A two-lane gated entry-only driveway from Foster Street. Primary exit: A gated right-turn-only exit onto Talbert Avenue. Employee access: Entry would be controlled by key fobs, and license-plate readers. A call box will be provided for staff assistance linked to an OCMC staff person.
Queuing capacity: The Foster Street entrance includes two (2) queuing lanes for arriving vehicles that can hold approximately 22 vehicles for access to the structure.
Council Action Request
MemorialCare – Orange Coast Medical Center Parking Structure City Council Meeting: June 16, 2026
Pedestrian Access and Safety
Street-level pedestrian access: Two pedestrian entrances are proposed along Talbert Avenue.
Bridge connection: A third-level pedestrian bridge would connect the structure to a tower on the east side of Foster Street near the 9900 Talbert Avenue building. Removal of existing spaces: Installation of the bridge would require removal of three (3) parking spaces on the OCMC campus.
Mid-block crossing prevention: A 4-foot-high block wall along portions of the first level would discourage unsafe mid-block pedestrian crossings. Pedestrian circulation: Users would be directed either to the signalized Foster/Talbert crosswalk or to the third-level bridge.
Building Height
Parking structure height: 36 feet, 2 inches to the rooftop parapet Parking structure elevator tower: 40 feet - 10 inches East-side bridge elevator tower: 37 feet - 8 inches
Pedestrian bridge height: 31 feet - 6 inches
Vertical clearance over Foster Street: 18 feet - 9 inches to accommodate trucks and emergency vehicles
Landscaping
Total landscaped area: 18,701 sq. ft., equal to approximately 20% of the site area. West side landscaping: 11 Brisbane Box trees are proposed along the west side next to the single-family homes; expected to reach approximately 35 feet at maturity.
Talbert Avenue and south side: Desert Museum Palo Verde trees are proposed and are expected to reach about 20 feet at maturity.
Perimeter treatment: All perimeter areas would include new groundcover and perimeter tree planting.
Lighting
Lighting plan provided photometric study for all levels including rooftop level. Original plan proposed 20 pole lights on the rooftop level, with light poles at 14- feet 6-inches above the rooftop deck, with 14 poles at the edge of the structure at the parapet wall.
Revised plan with six (6) pole lights in the middle of the rooftop level, 4-feet taller at 18-feet above the structure deck.
Revised plan includes 42 wall sconce lights mounted on the inside parapet wall facing the parking structure.
The revised project includes a larger landscaped edge along the west side, a terraced upper profile, and design features intended to reduce privacy, light, and visual impacts on nearby residential uses.
Council Action Request
MemorialCare – Orange Coast Medical Center Parking Structure City Council Meeting: June 16, 2026
Parking Analysis
A parking study prepared by Linscott, Law & Greenspan, Engineers, dated November 25, 2025, (Attachment 8 to the April 22, 2026, PC staff report, page 126), evaluated existing and future parking demand for the OCMC campus. The study explains that the campus currently consists of five (5) primary multi-story buildings totaling approximately 465,318 square feet, with a current parking supply of 1,353 spaces, excluding the separate dental office lot at southwest corner of Brookhurst and Talbert.
Using applicable City of Fountain Valley parking code standards, the study concludes that the existing OCMC campus requires 1,585 parking spaces. Compared to the current supply of 1,353 spaces, the campus has an existing deficiency of 232 spaces.
The proposed parking structure would replace the 231-space Foster Lot with 784 spaces, resulting in a net increase of 550 spaces and a total campus supply of 1,903 spaces. The study further notes that continuation of OCMC’s valet operations would provide an additional 61 spaces, increasing total parking supply to 1,964 spaces.
Based on these figures, the study concludes that the project would eliminate the existing deficiency and provide a surplus of 318 spaces, increasing to 379 spaces with valet operations.
The study also reviewed employee shift data and found that parking demand is driven by overlapping hospital shift changes, particularly during the morning, afternoon, and evening transition periods. Upon completion of the project, OCMC intends to relocate most employee and physician parking to the new Foster Street structure, thereby reserving the main campus parking structure primarily for patients, visitors, and medical office employees.
Transportation, Circulation, and VMT
The project’s transportation analysis concludes that the parking structure is intended to accommodate existing employee and physician parking demand and is not associated with an increase in hospital staffing, patient capacity, or service intensification at OCMC.
Because the project is to support an existing hospital facility rather than adding a new trip-generating land use, the VMT Screening Analysis concluded that the project would have a less-than-significant transportation impact under CEQA (Attachment 14 to the April 22, 2026, PC staff report, page 943).
The project would alter local circulation patterns by shifting employee parking demand to the Foster Lot structure. However, the technical studies conclude that the project would not generate any new traffic and would not require a formal Level of Service-based traffic impact analysis under the City’s Transportation Impact Assessment Guidelines because it does not add net new trips above applicable thresholds.
Council Action Request
MemorialCare – Orange Coast Medical Center Parking Structure City Council Meeting: June 16, 2026
The revised project also includes operational features intended to reduce negative traffic impacts and cut-through traffic from northbound Foster Street, including:
Southbound-oriented access from Foster Street
Prohibition of left-turns from northbound Foster Street with driveway design Access control through gated entry with automatic sensor capability Exit signage at Talbert Avenue with pedestrian alert safety design with flashing lights,
The two-lane gated entrance on Foster Street has been designed with sufficient queueing capacity with up to 22 vehicles, to accommodate peak employee arrival conditions. The right-turn-only Talbert Avenue exit is also gated and designed with sensor capability intended to facilitate outbound circulation without creating hazardous operating conditions.
Public Outreach and Community Input
MemorialCare conducted two community open houses regarding the project. The first was held on September 25, 2025, and the second on March 2, 2026. MemorialCare reported that the meetings were productive and used the second meeting to present project revisions developed in response to neighbor concerns.
During public review of the MND, the city received 16 comment letters from nearby residents. The concerns raised generally focused on:
Whether the record adequately demonstrates the need for the proposed parking structure
Traffic circulation and queueing at Talbert Avenue/Foster Street Potential cut-through traffic on nearby streets
VMT and whether additional CEQA transportation analysis is warranted Pedestrian safety at the Talbert Avenue driveway
Spillover parking into residential neighborhoods
Construction access and public notification
Lighting, glare, headlight intrusion, shadows, and noise Use of employee counts and assumptions in technical studies The environmental consultant for the project, UltraSystems Environmental, prepared a Response to Comments document addressing each submitted letter and presented the responses to the Planning Commission on the public hearing on April 22, 2026. Also included with the Planning Commission agenda packet, MemorialCare submitted over 500 letters in support of the parking structure project.
Planning Commission Study Session
The Planning Commission conducted a study session back on August 27, 2025, where city staff presented the project for discussion. Staff presented the original proposal for the structure with 864 parking spaces where all above grade levels maintained an 18- foot setback to the single-family homes to the west along Lemon Street. The Commission
Council Action Request
MemorialCare – Orange Coast Medical Center Parking Structure City Council Meeting: June 16, 2026
made comments on lighting, parking during construction, views from the structure and stairwells adjacent to residential properties, access to the structure, and other issues such as skateboarding and idling vehicles.
After the August meeting, the applicant took into consideration the comments on the project from the Planning Commission and comments from their own public outreach to the surrounding neighborhood and revised their plans. As previously discussed in this report, the applicant resubmitted a revised design for the structure reducing the size by 78 parking spaces to accommodate the step=backed upper levels.
Planning Commission Meeting
The Planning Commission conducted a public hearing on April 22, 2026, where the public came to speak largely in favor of the proposed parking structure on the Foster Lot, with a few residents speaking in opposition to the structure. The environmental consultant for the project read and discussed the summary to the response to comments received during the before the Commission. After discussion and by a 5-0 vote, the Planning Commission recommended that the City Council adopt CA 24-01 and approve the MND and MMRP. The Commission also approved PP 581, subject to the City Council action on the specific plan amendment (CA 24-01) and environmental documents (MND & MMRP).
Conditions of approval have been revised in Resolution No. 26-09 (Attachment 6, Exhibit 1) for PP 581 that incorporate measures to address the Planning Commission concerns for pedestrian safety along Talbert Avenue, employee accessibility, and lighting for the structure. The applicant submitted design revisions after the April 22nd Planning Commission meeting incorporating comments from the Commission and the public into the project with the following:
Talbert Avenue – Pedestrian safety alert signs at exit with flashing lights License plate readers at Foster Street gated entrance for quicker vehicle entry License plate readers at Talbert Avenue gated exit for quicker vehicle exiting onto eastbound Talbert Avenue.
“No Idling Zone” signs placed throughout the structure. Require 24-hour staff monitoring of the structure to prevent extended vehicle idling and employee loitering
Provided alternative lighting options with a preferred option to increase six (6) light pole heights to 18 feet on the rooftop level and installing wall-mounted lights on the interior of the parapet wall, thus eliminating light poles along the parapet wall on the rooftop level.
Staff has updated Exhibit 1 and included these conditions of approval with the attached Planning Commission Resolution approving PP 581.
Summary of Consultant Response to Comments
The Response to Comments document prepared by UltraSystems concludes that the project record adequately supports the proposed parking structure as a facility intended
Council Action Request
MemorialCare – Orange Coast Medical Center Parking Structure City Council Meeting: June 16, 2026
to meet the existing campus parking demand, rather than to support future hospital expansion. The responses explain that the Parking Study, Parking Management Plan, and VMT memorandum have consistently evaluated the parking structure project that is intended to support the OCMC campus operations. Attached to this report is a summary of the response to comments as presented to the Planning Commission on April 22, 2026.
A complete list of the comments and responses are available on the project page on city’s website at https://www.fountainvalley.gov/973/OCMMC-Parking-Structure With respect to VMT, the project does not introduce a new trip-generating land use and does not increase staffing or hospital services. The responses explain that the proposed parking spaces do not independently create demand but instead accommodate the existing parking demand associated with current OCMC operations. On that basis, the consultant maintains that the project appropriately screens out from further VMT analysis because it would result in less than 110 net new daily vehicle trips.
Regarding traffic circulation, the consultant responses acknowledge that the project will re-route some existing campus traffic, particularly employee trips, toward the Foster Street entrance. However, the responses conclude that this represents redistribution of existing trips rather than a substantial increase in traffic volumes. The consultant also notes that the revised site plan limits vehicular ingress in a manner intended to reduce employee access from Phillips Avenue and northbound Foster Street.
Regarding pedestrian safety, the consultant responses state that the Talbert Avenue exit driveway has been designed with adequate sight distance and that additional signage or warning devices may be reviewed through the City’s engineering process. At the Planning Commission meeting on April 22, 2026, this matter was discussed and staff has included additional conditions of approval to be incorporated with the Planning Commission Resolution to address pedestrian safety along Talbert Avenue. The project also includes a pedestrian bridge and ground-level design features intended to reduce unsafe midblock crossings on Foster Street by directing pedestrians to the third-level bridge or the signalized crosswalk at Talbert and Foster.
Regarding spillover parking, the consultant responses conclude that the proposed structure, in combination with the campus parking management strategy, would provide sufficient on-site supply to accommodate employees and visitors and thereby reduce pressure on nearby streets such as Phillips Avenue.
Regarding construction impacts, the consultant responses indicate that temporary access, lane control, and notification issues would be addressed through City permit requirements and implementation of the Parking Management Plan.
Regarding lighting, glare, noise, and shadow impacts, the consultant responses rely on the MND technical studies, which conclude that impacts in these areas would be less than significant or reduced to less than significant with mitigation and project design features. These studies include lighting shielding requirements, shadow analysis, and noise modeling.
Council Action Request
MemorialCare – Orange Coast Medical Center Parking Structure City Council Meeting: June 16, 2026
Staff has reviewed the Response to Comments document and finds that it adequately responds to the major issues raised during public review. While some comments reflect ongoing neighborhood concerns regarding compatibility and daily operations, staff finds that those concerns are best addressed through the design features, parking management, mitigation measures contained in the MMRP, and conditions of approval included with the Planning Commission’s approval of PP 581.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) requires analysis of agency approvals of discretionary “projects”. A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” The proposed project is considered a project under CEQA and a Mitigated Negative Declaration (MND) has been prepared and serves as the environmental review for the OCMC Parking Structure Project pursuant to CEQA, Public Resources Code Sections 21000 et seq., and the State CEQA Guidelines.
On December 17, 2024, the City Council approved a contract with UltraSystems Environmental, Inc. to prepare an Initial Study/MND for the project. The MND was published for the required 30-day comment period beginning on March 3, 2026, to April 2, 2026. The complete MND
Staff received 16 letters regarding the MND during the comment period from nearby residents noting concerns over traffic, parking, and noise. UltraSystems has prepared a Response to Comments Document that addresses each of the comment letters. At the Planning Commission meeting on April 22, 2026, the consultant from UtlraSystems presented and discussed the Response to Comments for the record before the Planning Commission (Attachment 7). A complete list of the comments with the responses is available at the project page on the City’s website at
https://www.fountainvalley.gov/973/OCMMC-Parking-Structure Where the MND determined that the project may have a potential significant effect on the environment, mitigation measures have been included in the MMRP. Through the MND process, an MMRP has been prepared and eleven (11) potentially significant impacts that can be mitigated or substantially lessened. The MMRP will be in place through all phases of the project including project construction and operation (both prior to and postoccupancy). The city will ensure that monitoring is documented through periodic reports and that deficiencies are promptly corrected.
Mitigation measures are included for the following CEQA topics:
Biological Resources
Cultural Resources
Geology and Soils
Tribal Cultural Resources
Council Action Request
MemorialCare – Orange Coast Medical Center Parking Structure City Council Meeting: June 16, 2026
The MND also evaluates aesthetics, lighting, shadow impacts, transportation, circulation, emergency access, and noise. The analysis concluded that the project would result in less-than-significant impacts in those areas in compliance with applicable standards, project design features, and operational controls.
Pursuant to State CEQA Guidelines Section 15074(b) Consideration and Adoption of a Negative Declaration or MND, none of the comments provide substantial evidence that the Project will have significant environmental effects which would require preparation of an Environmental Impact Report (EIR). Further, none of the information in the letters or responses constitute the type of significant new information that requires recirculation of the Project MND for further public review under State CEQA Guidelines Section 15073.5 Recirculation of a Negative Declaration Prior to Adoption. Additionally, none of this information indicates that there would be a substantial increase in the severity of a previously identified environmental impact that will not be mitigated, or that there would be any of the other circumstances requiring recirculation described in State CEQA Guidelines Section 15073.5.
Staff has independently reviewed the Initial Study, MND, technical appendices, and Response to Comments and finds that the MND reflects the city’s independent judgment and analysis. The document concludes that the comments were addressed sufficiently in the Response to Comments document prepared by UltraSystems and were not deemed significant enough to warrant the preparation of revisions to the MND, as they will not change the analysis or conclusions of the MND.
ATTORNEY REVIEW
The Attorney for the City has reviewed the attached Ordinance.
ALTERNATIVES
Alternative No. 1: Adopt a Resolution approving a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) in accordance with the California Environmental Quality Act (CEQA); and
Introduce an Ordinance approving Code Amendment (CA) 24-01 to amend the Orange Coast Medical Center Specific Plan to allow for the construction and development of a freestanding parking structure in Planning Area 3 of the Orange Coast Medical Center Specific Plan.
Alternative No. 2: Do not select Alternative No. 1 and direct staff to prepare a resolution for denial.
Alternative No. 3: Continue the item for additional information.
Council Action Request
MemorialCare – Orange Coast Medical Center Parking Structure City Council Meeting: June 16, 2026
RECOMMENDATION
Staff is requesting City Council approval of Alternative No. 1 to adopt a resolution approving a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) in accordance with the California Environmental Quality Act (CEQA) and introduce an Ordinance approving Code Amendment (CA) 24-01 to amend the Orange Coast Medical Center Specific Plan to allow for the construction and development of a freestanding parking structure in Planning Area 3 of the Orange Coast Medical Center Specific Plan.
Prepared by: Matt Jenkins, Senior Planner
Reviewed by: Omar Dadabhoy, Deputy City Manager/Community Development Director
Approved by: Maggie Le, City Manager
Attachments:
1. City Council Resolution approving the MND and MMRP
2. Ordinance _____ introducing CA 24-01 to amend the OCMMC Specific Plan
3. Project Description Letter
4. Project Plans
5. Updated lighting plan and circulation
6. Planning Commission Resolution #26-08 for Precise Plan 581 with conditions of approval included as Exhibit 1
7. UltraSystems Response to Comments Summary
Below is a link to the Planning Commission Staff Report dated April 22, 2026, which includes the letters in support of the project provided by MemorialCare. https://www.fountainvalley.gov/AgendaCenter/ViewFile/Agenda/_04222026-1042 The following documents have been provided to the Planning Commission and City Council and are available for public review on the City of Fountain Valley website at:
https://www.fountainvalley.gov/973/OCMMC-Parking-Structure
1. Link to Mitigated Negative Declaration for the OCMMC Parking Structure Project and Mitigation Monitoring and Reporting Program
2. Site Visibility Review
3. Project Plans
4. Shadow Study
5. MemorialCare off-site parking description letter
6. Air Quality and Greenhouse Gas Emissions Assessment worksheets
7. Cultural Resource Assessment
8. Geotechnical Feasibility Report
Council Action Request
MemorialCare – Orange Coast Medical Center Parking Structure City Council Meeting: June 16, 2026
9. Paleontological Records Search
10. Preliminary WQMP
11. Hydrology Study
12. Noise Data Calculations
13. Parking Management November 25, 2025
14. VMT analysis
15. Traffic Impact Analysis
a. Traffic Study Scope of Work
b. Existing Traffic Count Data
c. Intersection Level of Service Calculation Worksheets d. OCMC Employee clock-in/clock-out Data
e. Intersection Queuing Calculation Worksheets
f. Foster Street / Philips Avenue Analysis
g. Traffic Signal Warrant Analysis Worksheets
16. MND Response to Comments prepared by UltraSystems
Link: Planning Commission Staff Report dated April 22, 2026, including all attachments
RESOLUTION NO.__________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN
VALLEY APPROVING A MITIGATED NEGATIVE DECLARATION AND
ADOPTING OF A MITIGATION MONITORING AND REPORTING PROGRAM FOR CODE AMENDMENT NO. 24-01 TO AMEND THE ORANGE COAST
MEMORIAL MEDICAL CENTER SPECIFIC PLAN TO INCLUDE
MODIFICATIONS TO THE DEVELOPMENT STANDARDS THAT WOULD
PERMIT A FREESTANDING PARKING STRUCTURE IN PLANNING AREA 3
OF THE ORANGE COAST MEDICAL CENTER SPECIFIC PLAN
WHEREAS, Hunsaker & Associates (“Applicant”), on behalf of MemorialCare Orange Coast Medical Center (“OCMC” or “Owner”), has submitted an application for a project consisting of an amendment to the Orange Coast Memorial Medical Center (OCMMC) Specific Plan and the construction of a freestanding employee parking structure with an attached pedestrian bridge at the southwest corner of Talbert Avenue and Foster Street in the City of Fountain Valley (“Project”); and
WHEREAS, on September 4, 2007, the Fountain Valley City Council approved the OCMMC Specific Plan; and
WHEREAS, the Project Site is within the OCMMC Specific Plan area, in Planning Area 3, and is currently developed as an existing surface parking lot commonly referred to as the “Foster Lot”; and
WHEREAS, the Project includes demolition of the existing surface parking lot containing 231 parking spaces and construction of a freestanding parking structure containing one subterranean level, three covered parking levels, and one rooftop parking level, for a total of five parking levels and 784 parking spaces; and
WHEREAS, the Project also includes a pedestrian bridge extending over Foster Street from the third level of the parking structure to a freestanding elevator and stair tower located on the east side of Foster Street within the main OCMC campus; and WHEREAS, the Project would result in significant increase in parking spaces on the OCMC campus after accounting for removal of the existing Foster Lot and minor parking loss associated with bridge landing improvements; and
WHEREAS, the proposed parking structure is intended to serve OCMC employees and to improve parking supply and circulation on the medical center campus by allowing a greater separation of employee parking from patient and visitor parking; and WHEREAS, the Project requires the following discretionary approvals by the City:
• Adoption of a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) for the Project pursuant to the California Environmental Quality Act (“CEQA”);
CC Resolution
MND & MMRP – OCMC Parking Structure Project
• Approval of Code Amendment (CA) No. 24-01 to amend the Orange Coast Memorial Medical Center Specific Plan to allow a freestanding parking structure in Planning Area 3 and establish related development standards; and • Approval of Precise Plan No. 581 for construction of the proposed parking structure and pedestrian bridge; and
WHEREAS, MemorialCare Orange Coast Medical Center is the owner of the Project site at the southwest corner of Talbert Avenue and Foster Street (APN # 157-511-01), which is formally described in the legal description attached hereto as “Exhibit A”, and WHEREAS, Orange Coast Memorial Medical Center is an established regional medical campus in Fountain Valley that has undergone prior City review and entitlement actions, including approval of major campus expansion in 2007 associated with the Patient Care Pavilion and related parking and circulation improvements; and WHEREAS, the Parking Study prepared by Linscott, Law & Greenspan, Engineers concluded that the existing OCMC campus contains 1,353 parking spaces and has an existing parking deficiency relative to applicable City parking standards, and that the proposed Project would increase campus parking supply to 1,903 spaces, resulting in a parking surplus over the calculated code requirement; and WHEREAS, the Parking Management Plan identifies operational measures intended to maintain adequate parking supply and orderly circulation during construction of the Project and after Project completion; and
WHEREAS, in response to public and neighborhood input, OCMC revised the Project design from the initial submittal to reduce the overall parking count, step back upper parking levels, and increase setbacks and buffering adjacent to the residential uses to the west; and
WHEREAS, the revised Project reduced the total number of parking spaces from 862 to 784 and increased the upper-level setbacks from the western residential property line; and
WHEREAS, the proposed parking structure would have a height of approximately 36 feet, 2 inches to the roof parapet, with elevator towers up to approximately 41 feet, 10 inches, and related appurtenances within the maximum height allowed by the proposed code amendment; and
WHEREAS, landscaping and buffering are proposed along the western edge of the Project Site adjacent to existing residences, including an approximately 18-foot landscaped setback at ground level; and
WHEREAS, on December 17, 2024, the Fountain Valley City Council approved a contract with UltraSystems Environmental Inc. for consultant services to prepare an Initial Study and Mitigated Negative Declaration for the Project;
CC Resolution
MND & MMRP – OCMC Parking Structure Project
WHEREAS, a draft MND has been prepared to evaluate the potential environmental impacts associated with the Project. This draft MND, and all appendices, were posted on the City’s website at https://www.fountainvalley.gov/973/OCMMC-Parking-Structure on March 3, 2026; and
WHEREAS, the City gave notice of its intent to adopt the MND to (a) the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to Section 15072(a) of the CEQA Guidelines; and
WHEREAS, on March 3, 2026, a notice describing the proposed project and the intent to adopt an MND was posted with the Orange County Clerk-Recorder in compliance with Public Resources Code Section 21092; and
WHEREAS, certified notice was duly given to the Native American tribes pursuant to California Government Code Section 65352.3. Staff received letters from the Gabrieleno Band of Mission Indians – Kizh Nation and the Juaneneno Band of Mission Indians, Acjachemen Nation - Belardes. The tribes provided proposed mitigation measures for the Project that have been incorporated into the MMRP; and
WHEREAS, the MND determined that the Project could have potentially significant environmental effects in certain categories, but that all such effects would be reduced to a less-than-significant level through implementation of mitigation measures identified in the MND and MMRP; and
WHEREAS, the mitigation measures address, among other topics, air quality, biological resources, cultural resources, and geology/soils, and are enforceable through the MMRP, conditions of approval, and applicable permit and construction requirements; and WHEREAS, the MND was circulated for public review for the required 30-day review period from March 3, 2026, through April 2, 2026; and
WHEREAS, comments were received during the public review period and responses to comments were prepared by UltraSystems Environmental Inc. and made available to the City of Fountain Valley Planning Commission and the public; and WHEREAS, the Planning Commission held a duly noticed public hearing on April 22, 2026, at which time all interested persons were given the opportunity to testify and present evidence concerning the Project,; and
WHEREAS, the Planning Commission considered the entire record, including the staff report, plans, CA, MND and MMRP, technical appendices and supporting studies, public testimony, and all written materials submitted regarding the project; and
CC Resolution
MND & MMRP – OCMC Parking Structure Project
WHEREAS, the Planning Commission adopted Resolution 26-08, approving PP 581 to allow for the construction of a freestanding parking structure in Planning Area 3 of the OCMC Specific Plan at its noticed public hearing on April 22, 2026; and WHEREAS, the Planning Commission also adopted Resolution No. 26-09 recommending that the City Council adopt the MND and MMRP for the OCMC Parking Structure Project, and approve Code Amendment No. 24-01, by a vote of 5-0 at its noticed public hearing on April 22, 2026; and
WHEREAS, per the California Environmental Quality Act (CEQA), the City Council of the City of Fountain Valley considered the MND, MMRP, all comments received during the public review period, and the administrative record for the Project, at its noticed public hearing on June 16, 2026; and
WHEREAS, the City Council also considered CA 24-01, an amendment to the Orange Coast Memorial Medical Center Specific Plan to allow for the development of the Parking Structure Project, at its noticed public hearing on June 16, 2026; and WHEREAS, the Planning Commission, in recommending adoption of the MND and MMRP for this Project, of which these findings are a part, did so through the exercise of their independent judgment and review after finding substantial evidence, in light of the record as a whole, to support the adoption of the Mitigated Negative Declaration; and WHEREAS, the City Council conducted a duly noticed public hearing on June 16, 2026 to consider the MND and MMRP; and
WHEREAS, the City Council, in adopting the MND and MMRP for this Project, of which these findings are a part, did so through the exercise of their independent judgment and review after finding substantial evidence, in light of the record as a whole, to support the adoption of the Mitigated Negative Declaration.
NOW, THEREFORE, the City Council of the City of Fountain Valley does ordain as follows:
SECTION 1
The City Council finds that due notice of the public hearing on June 16, 2026, conducted in the Council Chambers, City Hall, 10200 Slater Avenue, was given as required by the FVMC, Title 21, and the Statutes of the State of California.
SECTION 2
Prior to taking action on this Project, the City Council, as Lead Agency, reviewed and considered the MND and MMRP prepared for the project. The City Council finds that there is no substantial evidence that the project and Amendments will have a significant effect upon
CC Resolution
MND & MMRP – OCMC Parking Structure Project
the environment and hereby adopts the MND and MMRP for the Project. The City Council further finds that the MMRP will ensure compliance during project implementation in that changes to the Project and/or mitigation measures have been incorporated into the Project and are fully enforceable through permit conditions, agreements, or other measures as required by Public Resources Code Section 21081.6.
The MND was circulated for public review from March 3, 2026, to April 2, 2026, and made available to the public and the City Council for review and consideration. The City Council has reviewed the MND, together with all comments and responses to those comments, and the MMRP, and finds that the environmental document considers all environmental effects of the proposed Project, is complete and adequate, and fully complies with all requirements of CEQA and the CEQA Guidelines.
The City Council, as Lead Agency, reviewed and considered the MND, the MMRP, and all comments received, and through its independent judgment and on the basis of the whole record before it, finds that there is no substantial evidence that the Project will have a significant effect on the environment, provided that the mitigation measures identified in the MMRP are incorporated into the Project.
SECTION 3
A MND has been prepared consisting of the Initial Study, all comments and recommendations received during the public review period, and a MMRP. The MND was distributed for a 30- day public review pursuant to State CEQA Guidelines Section 15105(b) on March 3, 2026 to April 2, 2026. The MND determined that the Project may have a potential significant effect on the environment which, however, will be mitigated to a level that is less than significant with the Mitigation Measures included in the MMRP. Where the application of these measures does not reduce an impact to below a level of significance, a project-specific mitigation measure is introduced.
The MMRP is designed to ensure compliance during project implementation in that changes to the Project and/or mitigation measures have been incorporated into the Project and are fully enforceable through permit conditions, agreements, or other measures as required by Public Resources Code Section 21081.6. The mitigation measures imposed as conditions of approval on the Project avoid or mitigate any potential significant effects on the environment to a point below the threshold of significance.
SECTION 4
The City Council adopts the MND and MMRP as adequate to assess the environmental impacts of the Project, and find, on the basis of the whole record that there is no substantial evidence that the Project will have a significant effect on the environment. The approval of the MND reflects the City Council of Fountain Valley’s independent judgment and analysis.
The City Council, pursuant to Section 15074 of the CEQA Guidelines, hereby approves the
CC Resolution
MND & MMRP – OCMC Parking Structure Project
Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program attached hereto marked as “Exhibit B.”
SECTION 5
The City Council hereby authorizes and directs the Community Development Director to prepare and file a Notice of Determination with respect to said MND in the office of the Orange County Clerk-Recorder, as approved by CEQA.
PASSED, APPROVED AND ADOPTED THIS ___ DAY OF ______, 2026.
ATTEST:
____________________________
Jim Cuneen Mayor
Rick Miller, City Clerk
APPROVED AS TO FORM
HARPER & BURNS LLP
_________________________________
Attorneys for the City
City of Fountain Valley
ATTACHED: “Exhibit A” Legal Description
“Exhibit B” MND & MMRP
“Exhibit A”
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF FOUNTAIN VALLEY, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 1 OF TRACT NO. 12107, IN THE CITY OF FOUNTAIN VALLEY, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 534, PAGES 23 TO 27, INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
APN: 157-511-01
ORANGE COAST MEMORIAL MEDICAL CENTER
PARKING STRUCTURE
Initial Study and Mitigated Negative Declaration (IS/MND) CEQA Analysis Prepared for:
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708
Matt Jenkins, Senior Planner
E: [email protected]
Prepared by:
UltraSystems Environmental Inc.
16431 Scientific Way
Irvine, CA 92618-4355
Telephone: 949-788-4900
FAX: 949/788-4901
June 2026
Project No. 7307
This page left intentionally blank.
PROJECT INFORMATION SHEET
7307/Orange Coast Memorial Medical Center Parking Structure Page i Initial Study/Mitigated Negative Declaration June 2026
PROJECT INFORMATION SHEET
1. Project Title Orange Coast Memorial Medical Center Parking Structure
2. CEQA Lead Agency City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708
Matt Jenkins, Senior Planner
(714) 593-4427
[email protected]
3. Project Applicant
4. Project Location
Mark Shuck, Executive Director, Facilities
Development and Operations
Orange Coast Memorial Medical Center (OCMMC)
18111 Brookhurst Street
Fountain Valley, CA 92708
[email protected]
18111 Brookhurst Street,
Fountain Valley, CA 92708
5. Assessor’s Parcel Numbers APN 157-511-01
6. Project Site General Plan
Designation(s)
Specific Plan
7. Project Site Zoning Designation(s) Specific Plan
8. Surrounding Land Uses and Setting Surrounded by a church and single-family homes to the north, the medical center to the east, multi-family homes to the south and single-family homes to the
west.
9. Description
of Project
The proposed project would replace a surface parking lot at the Orange Coast Medical Center (OCMC) with the removal of an existing surface parking lot with 231 parking spaces for the development of a freestanding, 3-story parking structure located at the southwest corner of Talbert Avenue and Foster Street. The proposed structure includes one (1) subterranean level, three (3) covered parking levels, and a rooftop parking level, for a total of five (5) parking levels. The Project proposes redeveloping the 2.23-acre surface parking lot at Foster Street with a freestanding parking structure totaling 784 parking spaces for hospital employees only. The proposal includes a pedestrian bridge on the third level connecting the parking structure to a freestanding elevator and staircase tower on the OCMMC campus, on the east side of Foster Street. The proposed structure would be
PROJECT INFORMATION SHEET
7307/Orange Coast Memorial Medical Center Parking Structure Page ii Initial Study/Mitigated Negative Declaration June 2026
35 feet in height at the rooftop parapet of the structure, with an elevator tower at the southeast corner of the structure under 42 feet in height.
Refer to Section 3.0 of this document for additional information.
The project applicant is requesting the following discretionary actions, which are discussed in detail in Section 3.0 of this document:
Specific Plan Amendment
Precise Plan of Design
10. Selected Agencies whose Approval
is Required
City of Fountain Valley
11. Have California Native American
tribes traditionally and culturally
affiliated with the project area
requested consultation pursuant to
Public Resources Code §
21080.3.1? If so, has consultation
begun?
Letters were sent by the City of Fountain Valley (the
Lead Agency), to local Native American tribes on May
22, 2025 asking if they wished to participate in AB 52
and SB 18 consultation concerning the proposed
project in the City of Fountain Valley. Tribes had up to 30 days for AB 52 and 90 days for SB 18 in which to
respond to notification of the project. Two responses
were received. Both the Gabrieleño Band of Mission
Indians–Kizh Nation and the Juaneño Band of Mission
Indians, Acjachemen Nation- Belardes requested
consultation and provided mitigation measures for
this project. These were accepted by the City and
Mitigation Measures TCR-1 through TCR-6 are
included. SB 18 consultation can be concluded on
August 20, 2025.
12. Other Public Agencies Agencies that will review the proposed project include the following:
• California Regional Water Quality Control Board
• South Coast Air Quality Management District
• Fountain Valley Fire Department
TABLE OF CONTENTS
7307/Orange Coast Memorial Medical Center Parking Structure Page iii Initial Study/Mitigated Negative Declaration June 2026
TABLE OF CONTENTS
1.0 INTRODUCTION....................................................................................................................................1-1
1.1 Proposed Project.................................................................................................................................. 1-1
1.2 Lead Agencies – Environmental Review Implementation.................................................. 1-1
1.3 CEQA Overview..................................................................................................................................... 1-1
1.4 Purpose of Initial Study..................................................................................................................... 1-2
1.5 Review and Comment by Other Agencies.................................................................................. 1-3
1.6 Impact Terminology ........................................................................................................................... 1-4
1.7 Organization of Initial Study ........................................................................................................... 1-4
1.8 Findings from the Initial Study....................................................................................................... 1-5
2.0 ENVIRONMENTAL SETTING.............................................................................................................2-1
2.1 Project Location.................................................................................................................................... 2-1
2.2 Project Setting ....................................................................................................................................... 2-1
2.3 Existing Characteristics of the Site ............................................................................................... 2-6
3.0 PROJECT DESCRIPTION.....................................................................................................................3-1
3.1 Project Background............................................................................................................................. 3-1
3.2 Project Overview.................................................................................................................................. 3-1
3.3 Ingress, Egress, and Pedestrian Circulation............................................................................3-11
3.4 Lighting ..................................................................................................................................................3-12
3.5 Landscaping .........................................................................................................................................3-13
3.6 Drainage.................................................................................................................................................3-13
3.7 Project Construction.........................................................................................................................3-13
3.8 Discretionary Actions.......................................................................................................................3-17
3.9 Other Permits and Approvals .......................................................................................................3-18
4.0 ENVIRONMENTAL CHECKLIST........................................................................................................4-1
4.1 Aesthetics .............................................................................................................................................4.1-1
4.2 Agriculture and Forestry Resources .........................................................................................4.2-1
4.3 Air Quality............................................................................................................................................4.3-1
4.4 Biological Resources........................................................................................................................4.4-1
4.5 Cultural Resources ...........................................................................................................................4.5-1
4.6 Energy....................................................................................................................................................4.6-1
4.7 Geology and Soils ..............................................................................................................................4.7-1
4.8 Greenhouse Gas Emissions ...........................................................................................................4.8-1
4.9 Hazards and Hazardous Materials.............................................................................................4.9-1
4.10 Hydrology and Water Quality...................................................................................................4.10-1
4.11 Land Use and Planning ................................................................................................................4.11-1
4.12 Mineral Resources .........................................................................................................................4.12-1
4.13 Noise.................................................................................................................................................... 4.13-1
4.14 Population and Housing..............................................................................................................4.14-1
4.15 Public Services ................................................................................................................................4.15-1
4.16 Recreation.........................................................................................................................................4.16-1
4.17 Transportation................................................................................................................................4.17-1
4.18 Tribal Cultural Resources...........................................................................................................4.18-1
4.19 Utilities and Service Systems ....................................................................................................4.19-1
4.20 Wildfire ..............................................................................................................................................4.20-1
TABLE OF CONTENTS
7307/Orange Coast Memorial Medical Center Parking Structure Page iv Initial Study/Mitigated Negative Declaration June 2026
4.21 Mandatory Findings of Significance .......................................................................................4.21-1
5.0 REFERENCES..........................................................................................................................................5-1
6.0 LIST OF PREPARERS ...........................................................................................................................6-1
6.1 CEQA Lead Agency............................................................................................................................... 6-1
6.2 Project Applicant.................................................................................................................................. 6-1
6.3 UltraSystems Environmental, Inc.................................................................................................. 6-1
7.0 MITIGATION MONITORING AND REPORTING PROGRAM .....................................................7-1 TABLES
Table 2.2-1 - Summary of Existing Land Use and Zoning Designations...................................................... 2-1 Table 3.2-1 - Project Summary...................................................................................................................................3-12 Table 3.2-2 - Proposed and Existing OCCMC Parking.......................................................................................3-12 Table 3.7-1 – Construction Equipment...................................................................................................................3-17 Table 3.6-1 – Permits and Approvals ......................................................................................................................3-18 Table 4.1-1 – Project Compliance with Applicable City of Fountain Valley General Plan Policies Regarding Scenic Quality...............................................................................................................................................4.1-0 Table 4.1-2 – Project Compliance with Applicable City of Fountain Valley General Plan Policies Regarding Scenic Quality...............................................................................................................................................4.1-1 Table 4.3-1 – Federal and State Attainment Status ..........................................................................................4.3-3 Table 4.3-2 – Ambient Air Quality Monitoring Data.........................................................................................4.3-5 Table 4.3-3 – SCAQMD Thresholds of Significance...........................................................................................4.3-7 Table 4.3-4 – Construction Schedule......................................................................................................................4.3-8 Table 4.3-5 – Maximum Daily Regional Construction Emissions ...............................................................4.3-9 Table 4.3-6 – Maximum Daily Project Operational Emissions.....................................................................4.3-9 Table 4.3-7 – Results of Localized Significance Analysis.............................................................................4.3-10 Table 4.6-1 – Estimated Project Operational Energy Use..............................................................................4.6-2 Table 4.8-1 - Project Construction-Related GHG Emissions ......................................................................4.8-10 Table 4.8-1 - Project Construction-Related GHG Emissions ......................................................................4.8-10 Table 4.8-2 - Project Operational GHG Emissions..........................................................................................4.8-10 Table 4.9-1 – Cortese Sites Within 0.5 Mile of the Project Site....................................................................4.9-3 Table 4.10-1 – Drainage Flow Rates, Cubic Feet Per Second (cfs)..........................................................4.10-8 Table 4.13-1 – Sensitive Receivers in Project Area .......................................................................................4.13-2 Table 4.13-1 - Sensitive Receivers in Project Area........................................................................................4.13-2 Table 4.13-3 – Ambient Noise Measurement Results...................................................................................4.13-1 Table 4.13-3 – California Land Use Compatibility for Community Noise Sources ...........................4.13-3 Table 4.13-4 – Construction Equipment Characteristics ............................................................................4.13-8 Table 4.13-5 - Estimated One-Hour Construction Noise Exposures at Nearest Offsite Sensitive Receivers...........................................................................................................................................................................4.13-8 Table 4.13-6 – Vibration Levels of Typical Construction Equipment................................................. 4.13-10 Table 4.17-1 - Peak Hour Traffic ...........................................................................................................................4.17-2 Table 4.19-1 - City of Fountain Valley Water Supplies and Demands, AFY Normal and Single DryYear Conditions .............................................................................................................................................................. 4.19-3 Table 4.19-2 – City of Fountain Valley Water Supplies and Demands, AFY Multiple Dry-Year Conditions.........................................................................................................................................................................4.19-3 Table 7.0-1 – Mitigation Monitoring and Reporting Program ........................................................................ 7-0
TABLE OF CONTENTS
7307/Orange Coast Memorial Medical Center Parking Structure Page v Initial Study/Mitigated Negative Declaration June 2026
FIGURES
Figure 2.2-1 - Project Vicinity....................................................................................................................................... 2-2 Figure 2.2-2 - Project Location..................................................................................................................................... 2-3 Figure 2.2-3 - Topographic Map.................................................................................................................................. 2-4 Figure 2.2-4 - Project Site Photographs.................................................................................................................... 2-5 Figure 3.2-1 - Site Plan..................................................................................................................................................... 3-2 Figure 3.2-2 - Basement Plan........................................................................................................................................ 3-3 Figure 3.2-3 - First Floor Plan....................................................................................................................................... 3-4 Figure 3.2-4 - Second Floor Plan ................................................................................................................................. 3-5 Figure 3.2-5 - Roof Plan................................................................................................................................................... 3-6 Figure 3.2-6 - North and East Elevations, Proposed Parking Structure...................................................... 3-7 Figure 3.2-7 - North Elevation, Proposed Parking Structure........................................................................... 3-8 Figure 3.2-8 - East Elevation......................................................................................................................................... 3-9 Figure 3.2-9 - Rendering, Proposed Pedestrian Bridge ...................................................................................3-10 Figure 3.4-1 - Rendering, Proposed Rooftop Parking Lot Lights.................................................................3-14 Figure 3.5-1 - Conceptual Landscape Plan............................................................................................................3-15 Figure 3.5-2 - Landscape Plan, West Elevation ...................................................................................................3-16 Figure 4.1-1 – State Scenic Highways.....................................................................................................................4.1-3 Figure 4.1-2 – Shadow Studies, December 21 (Winter Solstice).................................................................4.1-4 Figure 4.1-2 – Shadow Studies, March 21 and September 21 (Spring and Autumn Equinoxes)...4.1-5 Figure 4.1-4 – Shadow Studies, June 21 (Summer Solstice).........................................................................4.1-6 Figure 4.2-1 – Important Farmland Categories..................................................................................................4.2-2 Figure 4.4-1 – Project Boundary and Biological Study Area (BSA)............................................................4.4-3 Figure 4.4-2 – CNDDB Known Occurrences Plants and Wildlife Species and Habitats .....................4.4-4 Figure 4.5-1 – Topographic Map ..............................................................................................................................4.5-2 Figure 4.7-1 – Alquist Priolo Fault Zones..............................................................................................................4.7-3 Figure 4.7-2 – Regionally Active Faults .................................................................................................................4.7-4 Figure 4.7-3 - Landslides and Liquefaction..........................................................................................................4.7-7 Table 4.7-1 – Fossil Localities in the Project Region........................................................................................4.7-9 Figure 4.9-1 – Cortese Sites ........................................................................................................................................4.9-7 Figure 4.10-1 – USGS Surface Waters and Watersheds ...............................................................................4.10-4 Figure 4.10-2 – Groundwater Basin.....................................................................................................................4.10-7 Figure 4.10-3 – FEMA Flood Zones Map ......................................................................................................... 4.10-11 Figure 4.13-1 – Sensitive Receptors Near the Project Site.........................................................................4.13-0 Figure 4.13-2 – Ambient Noise Measurement Locations............................................................................4.13-2
APPENDICES
Appendix A1 Project Plans and Drawings
Appendix A2 Parking Letter
Appendix B Air Quality and Greenhouse Gas Emissions Assessment Appendix C Species Occurrence Potential Tables
Appendix D Cultural Resources Report
Appendix E1 Geotechnical Report
TABLE OF CONTENTS
7307/Orange Coast Memorial Medical Center Parking Structure Page vi Initial Study/Mitigated Negative Declaration June 2026
Appendix E2 Paleontological Resources Records Search
Appendix F Preliminary WQMP
Appendix G Hydro
Appendix H Noise Assessment
Appendix I1 Parking Study
Appendix I2 VMT Analysis
ACRONYMS AND ABBREVIATIONS
7307/Orange Coast Memorial Medical Center Parking Structure Page vii Initial Study/Mitigated Negative Declaration June 2026
ACRONYMS AND ABBREVIATIONS
Acronym/Abbreviation Term
°F degrees Fahrenheit
AB Assembly Bill
AB 32 California Global Warming Solutions Act of 2006
AB 939 California Integrated Waste Management Act
AB 1327 California Solid Waste Reuse and Recycling Access Act of 1991 ADA Americans with Disabilities Act
ADT average daily traffic
AMSL above mean sea level
APE area of potential effect
APN Assessor’s Parcel Number
AQMP Air Quality Management Plan
ARB California Air Resources Board
AST aboveground storage tank
ASTM American Society for Testing and Materials
ATP Active Transportation Plan
bgs below ground surface
BMPs Best Management Practices
CAAQS California Ambient Air Quality Standards
Cal/OSHA California Division of Occupational Safety and Health CalEEMod California Emissions Estimator Model
CAL FIRE California Department of Forestry and Fire Protection CALGreen California Green Building Standards
Caltrans California Department of Transportation
CAPCOA California Air Pollution Control Officers Association CAOs Cleanup and Abatement Orders
CBC California Building Code
CCAA California Clean Air Act
CCR California Code of Regulations
CDOs Cease and Desist Orders
CDFW California Department of Fish & Wildlife
CEQA California Environmental Quality Act
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act
CESA California Endangered Species Act
CFR Code of Federal Regulations
CGS California Geologic Society
CH4 methane
CHP California Highway Patrol
CHRIS California Historic Resources Inventory System
CIWMA State of California Integrated Waste Management Act CMP Congestion Management Program
CNDDB California Natural Diversity Database
CNEL Community Noise Equivalent Level
CNRA California Natural Resources Agency